Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Track360 Marketplace platform, websites, APIs, and related services (the “Service”) operated by Track360 (“Track360”, “we”, “us”). By signing up, signing in, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy.

If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company, and “you” and “your” in these Terms refer to that company.

You may use the Service only if you:

• are at least 18 years old;
• have full legal capacity to enter into a binding contract under the laws of your jurisdiction;
• are not located in, under the control of, or a national or resident of any country subject to a comprehensive embargo by the European Union, the United Kingdom, or the United States, and are not listed on any restricted-parties list maintained by those jurisdictions; and
• operate in jurisdictions where iGaming-adjacent marketing and affiliate activity is lawful.

The Service supports three account roles:

• Affiliate — an individual or company that drives traffic to iGaming brands through one or more channels and seeks partnerships through the marketplace.
• Brand — an operator of one or more iGaming brands looking to discover and recruit affiliates through the marketplace.
• Operator — Track360 personnel responsible for curation, moderation, and platform integrity. Operators are bound by additional internal policies.

Each account is held by one legal entity (or one natural person) and may have multiple individual users associated with it. You are responsible for everything done under your account, including the actions of users you have added to it. Keep credentials secure and notify us promptly of any suspected unauthorised use.

Track360 Marketplace is curated, not open. Submitting an application — whether as an affiliate or a brand — does not guarantee visibility on the marketplace. Profiles become visible only after operator review and approval, which we may grant, deny, suspend, or revoke at our reasonable discretion, with notice where practicable. We assess applicants on factors such as identity verification, traffic-channel mix, content standards, jurisdictional posture, and compliance signals.

We may also unilaterally remove or hide a profile that we reasonably believe presents legal, reputational, or platform-integrity risk, while preserving the underlying records for audit purposes.

The marketplace operates under three immutable rules:

• Marketplace vs private separation is absolute. Brand-private affiliates added outside the marketplace flow are never surfaced in marketplace discovery, ranking, recommendations, or intelligence.
• No data leakage. Data from a brand’s private relationships is never used to compute marketplace rankings, recommendations, or partner intelligence visible to anyone else.
• Marketplace-only performance intelligence. Only performance generated inside marketplace-originated relationships contributes to the global scores and rankings affiliates accrue on the marketplace.

You agree not to take any action — automated or manual — designed to circumvent these rules.

You agree not to:

• misrepresent your identity, traffic sources, audience, geography, or any other material profile attribute;
• send unsolicited bulk messages, spam, or commercial outreach through the platform’s messaging features;
• scrape, harvest, or systematically extract data from the marketplace beyond what our public APIs permit;
• interfere with, probe, or attempt to compromise the security, integrity, or availability of the Service;
• upload material that is unlawful, defamatory, infringes third-party rights, contains malware, or targets minors;
• use the Service to promote products or activities in jurisdictions where doing so is unlawful, including unauthorised iGaming promotion in regulated markets;
• resell, sublicense, or commercially redistribute access to the Service without our prior written consent.

We may suspend or terminate any account that violates this section, with or without notice depending on severity.

You retain ownership of the content you upload — your profile text, logos, links, screenshots, and so on (“Your Content”). By submitting Your Content to the Service, you grant Track360 a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for display, and distribute it to other marketplace participants strictly for the purpose of operating the Service. This licence ends when you delete the content, except for backup copies retained on a routine schedule.

The Service itself — including the platform software, brand, taxonomy, ranking algorithms, and documentation — remains the exclusive property of Track360 or its licensors. Nothing in these Terms transfers any of those rights to you.

If you believe content on the Service infringes your intellectual-property rights, please contact us at [email protected] with sufficient detail for us to investigate.

Partnerships negotiated through Track360 Marketplace are contracts between the affiliate and the brand. Track360 is not a party to those contracts and does not guarantee performance by either side. We provide the infrastructure to discover, signal interest, accept, and track partnership state changes; the commercial terms — payout models, commission rates, attribution windows, exclusivity — are negotiated directly between you and the counterparty. You are responsible for honouring the partnership terms you agree to.

Performance metrics generated inside a partnership belong to the two parties in that partnership. Aggregated, marketplace-originated performance may be used to compute the global scores and rankings shown on affiliate profiles, as described in the marketplace rules. We do not expose per-brand performance numbers to any third party.

Each affiliate and brand is responsible for ensuring their own activity complies with the iGaming, advertising, and consumer- protection laws of every jurisdiction in which they operate or target. Without limitation, you agree:

• not to promote iGaming brands in jurisdictions where doing so is unlawful;
• not to target users below the legal gambling age applicable to them;
• to include responsible-gambling messaging where required by the regulator of the audience you address; and
• to hold any operator, affiliate, or marketing licence required for your activity.

Track360 is a discovery and matching platform; we do not authorise any specific commercial campaign on your behalf and do not assume responsibility for jurisdictional compliance of campaigns you run.

In the course of marketplace activity you may receive commercially-sensitive information from other parties (rate sheets, traffic data, contact details). You agree to use that information only to evaluate or operate the partnership it relates to, to protect it with the same care you would apply to your own confidential information, and not to disclose it to third parties without consent.

Some features of the Service may be offered free of charge during the current phase; others may be subject to fees disclosed at the time you choose to use them. We may introduce new paid features, change pricing, or restructure plans on at least thirty (30) days’ notice to affected accounts. Fees already paid for the current period are not refundable except where required by law.

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, Track360 disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of a course of dealing or trade usage. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, and we do not warrant any particular outcome from partnerships discovered through the Service.

To the maximum extent permitted by law, Track360 will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages.

Our aggregate liability under or in connection with the Service and these Terms — regardless of the basis of the claim — will not exceed the greater of (a) the amounts you have paid to Track360 for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one thousand euros (€1,000).

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

You agree to indemnify and hold Track360, its affiliates, and their personnel harmless from any claim, loss, or expense (including reasonable legal fees) arising out of (a) your breach of these Terms, (b) Your Content, (c) your use of the Service in violation of any law or third-party right, or (d) any partnership you enter into with another marketplace participant.

You may close your account at any time from your account settings or by writing to [email protected]. We may suspend or terminate your access to the Service if you materially breach these Terms, if continued provision of the Service to you would expose Track360 to legal or regulatory risk, or if we wind down the Service. On termination, sections relating to ownership, confidentiality, disclaimers, liability, indemnity, and dispute resolution survive.

These Terms are governed by the laws applicable at Track360’s place of registration, without regard to its conflict-of-law rules. Each party submits to the exclusive jurisdiction of the competent courts of that place for any dispute arising out of or in connection with these Terms, except that consumers retain the protections of the mandatory law of their country of residence.

We may update these Terms from time to time. The date at the top always reflects the most recent change. For material changes we will give registered users reasonable advance notice — by email or an in-product notice — before the new terms take effect. Continued use of the Service after a change takes effect counts as your acceptance of the updated Terms.

These Terms, together with our Privacy Policy and any commercial order form you sign with us, are the entire agreement between you and Track360 regarding the Service. If any provision is held unenforceable, the remainder will stay in force. Our failure to enforce a right is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all our assets.

For legal questions about these Terms, write to [email protected]. Privacy-specific questions are best directed to [email protected].