Terms of Service

1. PREAMBLE

Welcome to FirstPromoter! FirstPromoter is an online platform that aids SaaS companies in keeping track, managing and optimizing their online referral and affiliate programs.

The online platform FirstPromoter, be it the web version, the FirstPromoter platform or any other iteration of itself, and all of its related rights, including Intellectual Property Rights, belong to the Romanian legal entity Igil Webs SRL (“the Company” or “FirstPromoter”), headquartered at Strada Ploiești 9 BIROU 817REGISTER03, Etaj 8, Ap. UI 8, Cluj-Napoca 400157, Romania, bearing the sole identification number 30864432. If you require additional information, feel free to contact us at support@firstpromoter.com

By accessing and using www.firstpromoter.com you accept without any limitations or exceptions these Terms and Conditions.

Terms and Conditions represent the legal agreement between you, as an User andFirstPromoter, as the service provider. Before using the website or buying a plan that FirstPromoter offers we strongly recommend you to read these Terms and Conditions. Browsing the website, registering an user account or placing an order will be considered as a complete acceptance of these Terms and Conditions.

We advise you that these Terms and Conditions can be amended, consolidated, modified, extended, re-enacted or replaced at any time by FirstPromoter. The updated form of this document will always be found on the website. In consequence, the Users should regularly check the provisions of these Terms and Conditions, in the updated form.

If at any given time you are no longer agreeing with these Terms and Conditions, even partially, we advise you to cease utilizing the website.

2. Definitions

• "FirstPromoter" means : IGIL WEBS S.R.L. - Company Number 30864432, with its headquarters in Strada Ploiești 9 BIROU 817REGISTER03, Etaj 8, Ap. UI 8, Cluj-Napoca 400157, Romania, registration number J32/956/2012.

• "Conditions/Policy" means these terms and conditions.

• "Site"  means the website of FirstPromoter.

• "Website" means www.firstpromoter.com.

• "Contract" means any contracts concluded between FirstPromoter and the customers and or users, for the sale and purchase of Products from the Website. All the contractual aspects can be found in this Document and must be read and accepted by the customer before placing an order.

• "Document" means this Policy regarding the Terms and Conditions.

• "Intellectual Property Rights" means all intellectual property and industrial property rights of any kind anywhere in the world, whether registered or unregistered, now existing or arising in the future, including any application for, or right to apply for, registration and all renewals, reversions and extensions, such as: copyright and related rights, patents, utility models, trademarks, service marks, trade and business names, goodwill, domain names, rights in designs, database rights, rights in software and source code, rights in know-how, trade secrets and confidential information, moral rights, and any other proprietary rights in inventions, data, text, graphics and other materials.

• "User" means any individual that has created/registered an user account on the website.

• "Customer" means any individual that has created/registered an user account and has purchased one of the plans offered by FirstPromoter.

• "Service/Services" mean any services which FirstPromoter sells on its Website.

• “AI Assistant” means a limited risk artificial intelligence system developed and provided by FirstPromoter, relying on certain AI Models provided by certain GPAI Provider(s), representing an artificial intelligence-powered conversational feature made available within the FirstPromoter platform that allows authorized Customers and Users to access and consult account data and to initiate actions within their FirstPromoter account by providing plain-language instructions.

• “AI Model” means a machine-based artificial intelligence model that, from the inputs it receives, infers how to generate outputs such as text, predictions, content or recommendations, including the general-purpose AI models made available by the GPAI Providers to power the AI Assistant.

• “GPAI Provider(s)” means the third-party general-purpose AI model providers engaged by FirstPromoter to power the AI Assistant, including but not limited to Anthropic and OpenAI. FirstPromoter may change, add, or replace GPAI Providers.

• “AI Action” means any action that creates, updates, or otherwise modifies data or settings within a Customer’s FirstPromoter account as a direct result of an instruction given by a User to the AI Assistant.

• "Input” means any prompt, query, instruction, data, content or material submitted by the Customer or its Users to the AI Assistant.

• “Output” means any content, result or response generated by the AI Assistant in response to an Input.

• “Customer Data" means all data, content, and information provided by or on behalf of the Customer to FirstPromoter or generated through the Customer's use of the AI Assistant including: (a) input data (prompts, queries, uploaded and accessed data); (b) usage data (interaction patterns, feature utilization); (c) metadata (timestamps, user identifiers, session information); and (d) feedback data (corrections, ratings, annotations).

• “Affiliate” refers to an individual, entity, or third party that participates in an affiliate marketing program by promoting a company’s products or services in exchange for commissions or other forms of compensation. Affiliates typically generate traffic, leads, or sales through unique tracking links, referrals, or other marketing activities as specified by the terms of the affiliate program. Affiliates operate independently and their earnings or payments are subject to the specific terms agreed upon with the company they promote.

Website usage

3. Access to website

1. You are provided with access to this Site in accordance with these specific Conditions.

2. Your use of the Site is subject to these Conditions. By using the Site, you will be considered to have accepted and agreed to be bound by these Conditions.

4. Our rights

In accordance with these Conditions, we reserve the right to:

1. Modify or withdraw, temporarily or permanently, this Site (or any part of it) with or without noticing you.

2. Restrict your access to the Site or to any part of it. If we grant you access to a restricted or a privileged part of the Site, we may withdraw that permission at any time, without notifying you.

3. Make changes to our Terms and Conditions from time to time. We will notify you of the changes we have made by posting the updated version of these Conditions on the Site. You can determine when we last updated these Conditions by verifying the ‘_Last updated_’ option stated at the beginning of the webpage.

4. Protect our Intellectual Property Rights on the Site, including all the graphics, codes, text, pictures, videos and other content made available on the Site. Thus, you acknowledge and agree that:

5. Copyright, Trademarks and all other Intellectual Property Rights which form the website are our exclusive property;

6. Every element contained on this website is only available for your personal use, commercial use is strictly prohibited.

7. You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website (including, but not limited to: themes, fonts, sub-themes, categories, sub-categories, presentations, product names, product overviews), including all Intellectual Property Rights unless we expressly authorize / permit you to do so.

8. If, in any particular or general way, you breach the intellectual property provisions of this Section 4, we reserve the right to claim damages against you, for your illicit breach of our Intellectual Property Rights and demand that you stop using the content taken without authorization or permission from our Site immediately.

5. Use of the Website

Your permission to use our Website is personal and non-transferable. Your use of the Site is bound to the acceptance of the rules set out in these Conditions, therefore you agree that you will not:

• use the Site for any fraudulent or unlawful purposes;

• use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;

• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Website;

• interfere with (or disrupt) the functionality of the Site or the servers / the networks that are used to make the Site available and usable;

• transmit or otherwise upload on the Site any virus, worm, Trojan horse or other computer- generated code that is harmful or invasive or may damage/disrupt the operation of any software or technical equipment;

• remove / blur / crop any copyright, trademark, or other Intellectual Propriety Rights notices from the Site or materials originating from the Website;

• frame, mirror, duplicate, any part of the Site without our express written consent;

• reproduce the presentation of the Site (including, but not limited to themes, sub-themes, categories, sub-categories, product images, product presentations, product overviews etc.)

6. Restricted Businesses

By using FirstPromoter, you agree that you or your business are not involved in any of the following restricted industries or activities. FirstPromoter prohibits usage by businesses that engage in:

1. Illegal Goods and Services

Sale or purchase of illegal goods, including stolen items, controlled substances, or any product or service that poses a consumer safety risk.

2. Marijuana-Related Businesses

Businesses related to the sale or distribution of marijuana or marijuana-related products.

3. Counterfeit and Fraudulent Services

Engaging in counterfeit activities, illegal gambling, Ponzi schemes, pyramid schemes, or any form of money laundering.

4. Adult Entertainment

Providing or promoting adult entertainment services, products, or content

5. Debt Collection and Relief Services

Offering debt collection, relief, counseling, or any similar services.

6. Firearms and Ammunition Sales

Engaging in the sale of guns, firearms, ammunition, or related products.

FirstPromoter reserves the right to terminate or suspend accounts and services without notice if a business or user is found to be operating within any of these restricted areas.

7. Third party links

1. To provide useful suggestions or to make an easier use of the Website we may provide links to other websites. Thus, you acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. They are not under our control and we cannot be held responsible for any problems that may occur while using them. Your use of the third- party websites is at your own risk.

8. Services offered by FirstPromoter

1. The services offered through this website come in three different plans. You can find more details about the plans and the features that each plan contains here: https://firstpromoter.com/ #pricing. For more information regarding our plans, feel free to reach us by e-mail anytime.

2. All plans come with a **14 days free trial period**, thus you can cancel your plan at any time during this period (_of 14 days since purchase_) without any costs or taxes. The 14 days free trial period does not require a credit/debit card to be activated.

Choosing and buying from our Website

9.  AI Assistant

Availability and activation

 The AI Assistant is an optional feature available exclusively to Customers and Users on eligible subscription plans, as indicated on our pricing page. The AI Assistant is disabled by default and must be explicitly activated by a Customer using the designated toggle within account settings. 

By enabling the AI Assistant, the Customer accepts this Section 9 on behalf of the Customer and all Users granted access to the feature.

How the AI Assistant works

When a User prompts the AI Assistant, FirstPromoter transmits to the applicable GPAI Provider: (a) the User’s message; (b) Customer Data necessary to respond to the message; and (c) session/context metadata (e.g., company and campaign identifiers, and the dashboard view the User is on) required for the GPAI Provider to process the request. Customer Data may include personal data relating to the Customer’s promoters (such as names, email addresses, affiliate codes and performance statistics). By activating the AI Assistant, the Customer acknowledges and consents to such transmission on behalf of itself and its promoters, subject to the data protection provisions set out in our Privacy Policy.

Role-based access

The AI Assistant operates within the permissions assigned to the User’s role. Customer administrators are responsible for managing which Users have access to the AI Assistant within their account.

GPAI Providers and model changes

The AI Assistant currently operates using AI models provided by Anthropic as the primary GPAI Provider and OpenAI as a fallback provider, which may be engaged automatically if the primary provider is unavailable. FirstPromoter may change, add, replace, or discontinue any GPAI Provider at any time. Customers acknowledge that the underlying AI models, their capabilities, and Outputs may vary across GPAI Providers and that FirstPromoter does not guarantee identical functionality across provider changes.

Usage and credits

Use of the AI Assistant consumes credits or usage allowance under the Customer’s subscription plan, as described on our pricing page. Due to the AI Assistant relying on third-party GPAI Providers between which FirstPromoter may discretionary switch to maintain continuity of service, the amount of credits or usage consumed by any Input, AI Action or session may vary.

FirstPromoter does not warrant or guarantee any fixed, minimum or predictable rate of credit or usage consumption. FirstPromoter determines credit and usage consumption in good faith using its own measurement systems and, absent manifest error, such determination is final and binding. To the maximum extent permitted by applicable law, FirstPromoter shall not be liable for any variation in credit or usage consumption, for credits or usage consumed as a result of GPAI Provider switching, retries, errors or interruptions, or for the or exhaustion of a Customer’s credits or usage allowance.

Data use by GPAI Providers

Under FirstPromoter’s agreements with GPAI Providers, Customer Data and User Inputs transmitted through the AI Assistant are not used to train GPAI Providers models and are retained by GPAI Providers only for the minimum period required to fulfil their abuse-monitoring obligations under applicable law. 

User responsibility and audit log

By using the AI Assistant, the User assumes full responsibility for any AI Action initiated, including any unintended consequences on the Customer’s campaigns, promoters, or financial records. Users are advised to review any proposed actions carefully before instructing the AI Assistant to proceed. Changes made by the AI Assistant are recorded in the account's activity log alongside other account activity. 

Accuracy and limitations

FirstPromoter makes no representation or warranty, whether expressed or implied, regarding the accuracy, completeness or fitness for the purpose of any Output generated by the AI Assistant. The Customer and its Users remain solely responsible for reviewing, validating, and determining whether any such Output is appropriate before relying on it or using it in connection with any business, operational, financial, or other decision. The AI Assistant is provided on an “as is” and “as available” basis, and FirstPromoter does not warrant that it will be uninterrupted, error-free, secure, or continuously available.

Limitation of liability for AI features

To the maximum extent permitted by applicable law, FirstPromoter shall not be liable for any loss, damage, or claim arising from or in connection with: (i) the accuracy or sufficiency of any Output generated by the AI Assistant; (ii) any AI Action performed upon a User’s instruction; (iii) the unavailability or interruption of the AI Assistant due to GPAI Provider outages or changes; or (iv) any change to the GPAI Providers or models used by the AI Assistant. 

Use of the AI Assistant

The Customers and its Users may use the AI Assistant only in accordance with these Terms and applicable law. Users must not: (a) submit or process personal data beyond what is reasonably necessary for the intended use of the AI Assistant; (b) use the AI Assistant in a manner that is unlawful, fraudulent, harmful, or that infringes the rights of any third party; (c) generate or request content that violates these Terms or any applicable third-party service policies; or (d) interfere with, disrupt, or misuse the AI Assistant or the services supporting it.

Intellectual Property

The Customer and its Users represents and warrants that it has obtained all necessary rights, licences, consents and permissions for any data, content, materials or instructions submitted to the AI Assistant, including any third-party data accessed through its account. The Customer further warrants that such Inputs do not infringe any Intellectual Property Rights, confidentiality obligations or applicable laws and, where personal data is included, that it has a valid legal basis for the processing of such data. FirstPromoter shall not be liable for any claims, losses or damages arising from the Customer’s breach of these obligations.

The Customer shall indemnify, defend and hold harmless FirstPromoter and its GPAI Providers from and against any claim, loss, damage, liability or expense (including reasonable legal fees) arising out of or in connection with: (i) the Customer's or its Users' use of the AI Assistant in breach of these Terms or applicable law; (ii) any Input, instruction or Customer Data submitted to the AI Assistant; or (iii) the Customer's or its Users' negligence, wilful misconduct or fraud. The warranty disclaimers and limitations of liability set out elsewhere in these Terms also apply to the AI Assistant, and in the event of any conflict between this Section and the remainder of these Terms in respect of the AI Assistant, this Section prevails.

To the extent permitted by applicable law and the terms of the relevant AI provider, Customer retains all right, title and interest in and to Customer Data and the Inputs it submits to the AI Assistant, as well as in the Outputs. Nothing in these Terms transfers to FirstPromoter any ownership of, or Intellectual Property Rights in, Customer Data, Inputs, Outputs, and FirstPromoter processes Customer Data only as necessary to provide the AI Assistant and as described in our Privacy Policy.

FirstPromoter and its GPAI Providers retain all right, title and interest in and to the AI Assistant and the underlying artificial intelligence models, including their parameters, weights, training datasets, internal procedures, technical know-how and architecture. The Customer's use of the AI Assistant does not grant the Customer or any User any right, title or interest in or to any of the foregoing.

To the extent the Customer or its Users provide any feedback, suggestions, corrections, ratings or annotations relating to the AI Assistant (“Feedback”), the Customer grants FirstPromoter a perpetual, irrevocable, worldwide, royalty-free licence to use such Feedback to operate, maintain and improve the AI Assistant and FirstPromoter's products and services. Feedback shall not be treated as Confidential Information of the Customer.

Suspension and termination of AI Assistant access

FirstPromoter reserves the right to suspend or terminate access to the AI Assistant, without prior notice, in the event of: (i) misuse or abuse of the feature; (ii) a requirement imposed by an GPAI Provider; (iii) a legal or regulatory requirement; or (iv) a material security risk. 

Examples of conduct that may, without limitation, give rise to such suspension or termination include: (i) attempting to circumvent the AI Assistant’s role-based permissions or access controls; (ii) submitting prompt injections, Inputs intended to manipulate, “jailbreak” or otherwise bypass an GPAI Provider’s safety measures, using the AI Assistant to generate or disseminate unlawful, infringing, defamatory or harmful content; (iii) submitting special categories of personal data or other data in breach of these Terms; or any other breach of these Terms or of an GPAI Provider’s applicable acceptable use policies. 

Suspension or termination of access to the AI Assistant does not affect the Customer's access to the remainder of the FirstPromoter platform. Upon termination of access to the AI Assistant, FirstPromoter will cease processing Customer Data through the AI Assistant, and such data will thereafter be retained or deleted in accordance with our Privacy Policy and applicable data protection laws.

10. Buying a plan & Prices:

1. Purchases can be made exclusively online, through our platform.

2. All payments on firstpromoter.com are being concluded via our service provider, namely PADDLE.COM. You can find out more information about the payment/purchase procedures by visiting the Paddle Terms and Conditions here:: www.paddle.com/legal/terms

3. Prices of our plans are as displayed on our Website and they are presented in US Dollars (**$**).

11. Payment

1. When purchasing a plan from FirstPromoter, we advise you that the payment shall be redirected through our partners at Paddle. Thus, we recommend you to constantly check the available payment methods authorized by Paddle.

2. To ensure that purchasing a plan online on our website is safe and secure, your credit or debit details will be encrypted through advanced techniques in order to minimize the risk of your details being read, copied or duplicated by an unauthorized individual as they are transmitted over the Internet.

3. We advise you that the payment procedure is covered in its entirety by our payments processor: Paddle.

12. Contract

1. A legally binding contract is created between you and FirstPromoter when your payment has been accepted, thus your plan has been activated.

2. Before you decide to buy a plan presented on our website, we strongly recommend reading these Conditions, as they are the general frame in which the contract will be created. By ordering from us, you acknowledge that you have read and accepted these Terms.

13. Right to cancel your contract

1. You have the option to cancel your contract with us for the services from FirstPromoterat any given time.

2. Our plans are monthly or annually, and they are non-refundable. Once the payment has been made, your subscription is valid until the expiration date (per month/per year). If you wish to cancel your subscription, you can do so at any given time, but the cancellation will occur exclusively at the end of your active subscription. Thus, by cancelling the subscription, the recurrent payment will cease and your subscription will become invalid until another valid payment has been made.

3. If the subscription is cancelled before its expiration, you will continue to benefit of FIRSTPROMOTER services until the due date of the expiration of your plan. In this regard, we advise you that the payments are non-refundable.

4. You are not required and do not need to give us any reason for cancelling your contract, neither will you have to pay a penalty, but should you wish to give us a feedback for your cancellation, you are free to do so.

5. If you want to cancel your contract, you can choose any of these alternative:

1. By accessing firstpromoter.com/billing;

2. By using our live chat service;

3. By sending us a written request at support@firstpromoter.com

14. Disclaimer. Deleting or suspending your account by FirstPromoter.

1. FirsPromoter, in its sole discretion, may terminate/suspend your account or any part thereof. Any termination of the access to the Services may be without prior notice, and FirstPromoter Services will not be liable to the user or any third party for such termination.

2. Upon any termination of the Services or of the users’ account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Affiliate Payment Disclaimer

Important Scope Clarification

The provisions in this Affiliate Payment Disclaimer apply only to affiliate programs where payments are managed directly by the Client (i.e., not using FirstPromoter's Managed Payouts service).

When using Managed Payouts (Auto-Payouts), financial responsibilities and liabilities related to affiliate compensation are governed by separate agreements:

* SaaS Agreement – signed between FP Partners LLC (FirstPromoter) and the Client (Company)

* Partner Agreement – signed between FP Partners LLC (FirstPromoter) and the Affiliate (Partner)

In such cases, this disclaimer does not apply. All terms, obligations, and liabilities are covered under the respective agreements, including payment processing and dispute resolution.

1. Platform Functionality

FirstPromoter functions solely as an affiliate marketing tool designed to track, calculate, and report commissions for affiliate marketing campaigns. We provide companies ("Clients") with a technical solution to monitor affiliate performance, attribute commissions, and generate reports related to their affiliate marketing programs.

2. No Payment Processing for Affiliates

FirstPromoter does not process any payments to affiliates. The financial transactions, including commission payouts, bonuses, or any other remuneration owed to affiliates, are the exclusive responsibility of the Client (the Company) running the affiliate program.

3. Client’s Sole Responsibility for Affiliate Payments

The Client acknowledges and agrees that:

1. It is solely responsible for compensating its affiliates.

2. FirstPromoter has no obligation, liability, or involvement in the financial arrangements between the Client and its affiliates.

4. No Liability for Unpaid Commissions

Under no circumstances shall FirstPromoter be held liable for any unpaid commissions, delayed payments, or financial disputes between Clients and their affiliates. We do not guarantee, mediate, or enforce the payment of any commissions or rewards to affiliates.

Any disputes, claims, or issues related to affiliate payments must be resolved directly between the Client and the Affiliate, without any involvement or liability on FirstPromoter’s part.

5. Indemnification

1. The Client agrees to indemnify, defend, and hold harmless FirstPromoter, its directors, officers, employees, and agents from any claims, demands, liabilities, damages, losses, or expenses (including legal fees) arising from or related to any dispute between the Client and its affiliates regarding commissions, payments, or financial transactions.

6. Acknowledgment and Acceptance

By using the platform, the Client / the Affiliate acknowledges, understands, and accepts the terms outlined in this policy.

16. Applicable legislation. LITIGATION

1. These Conditions shall be governed by and construed in accordance with Romanian law and the Romanian Courts shall have jurisdiction.

2. In the event of any dispute regarding the validity of this Policy or resulting from or in connection with the conclusion, interpretation, execution or termination of the contract, it will be settled either by requests addressed to the material competent courts of the City of Cluj- Napoca or by arbitration The Arbitration Court of the Cluj Chamber of Commerce and Industry, according to its procedure and by a single arbitrator. The judgment is final for the parties. Either party is given the opportunity to choose one of the two ways of resolving disputes.

17. Liability & Indemnification

1. FirstPromoter shall not be liable for any modification, price change, suspension or discontinuance of the Service.

2. By accessing or using the platform and/or the Services, you are fully responsible for any content or information given, posted, submitted, displayed or privately transmitted via the Services, and acknowledge that it will be subject to the full extent of any legal consequences.

3. In no event shall FirstPromoter be liable to you (or to any third party claiming under or through you) for any direct, indirect, special, incidental, consequential, punitive or exemplary damages or any bodily injury, emotional distress or any other damages arising from your use of or inability to use the services, whether on-line or off-line, or otherwise in connection with the service. These exclusions apply to any claims for lost profits, lost data, loss of goodwill or business reputation, cost of procurement of substitute goods or services, work stoppage, computer failure or malfunction, any other commercial damages or losses, or any personal injury or property damages.

4. Upon the effective date of termination of the agreement between you and FirstPromoter Services regarding the Services specified in the Terms herein, regardless of the reason of such termination, you shall remain obligated to pay any balance due to FirstPromoter.

5. You (as a user or client) agree to hold harmless and indemnify FirstPromoter, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (I) Your breach of the Terms, (II) Your use of the Service or (III) Your violation of applicable laws, rules or regulations in connection with the Services, including any liability or expense arising from all claims, losses, damages, judgments, litigation costs and attorneys’ fees, of every kind and nature.

18. Events beyond our control

1. FirstPromoter has no liability to Clients for any failure to deliver the services the Clients have purchased from FirstPromoter’s Website or any delay in doing so that is caused by any event or circumstances beyond reasonable control including but not limited to: flood, fire, explosion or accident, strikes, lock outs and other industrial actions, breakdown of system or network access etc.

19. Invalidity

1. If a part (or parts) of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions will not be affected.

20. The Entire Agreement

1. These Conditions, together with additional terms and conditions for specific services, contact details, privacy policy, represent the whole of our agreement relating to the supply of services to you by FirstPromoter. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any service offered for sale by FirstPromoter.

21. Complaints / Feedback / Recommendations

Please feel free to give us any feedback, recommendations or comments about our services, policies and website structure or functionality. You can e-mail us at:: support@firstpromoter.com

Last updated on: 25.06.2026