TERMS OF SERVICE

Effective Date: 01.02.2026

1. Introduction

These Terms of Service (“Terms”) govern access to and use of the SmartCascade platform and related services (“Service”).

By registering for, accessing, or using the Service, you (“Client”, “you”, “your”) agree to be bound by these Terms.

If you do not agree, you may not use the Service.

2. The Service

SmartCascade is a SaaS infrastructure platform that enables:

• Traffic routing and optimization
• API cascading
• Campaign tracking and attribution
• Affiliate and advertiser management
• Performance analytics
• Network management functionality

SmartCascade provides infrastructure and technical tools only. We do not act as an advertiser, publisher, affiliate, broker, or payment intermediary unless explicitly agreed in writing.

3. Eligibility

You represent and warrant that:

• You are legally capable of entering into binding agreements.
• You are acting on behalf of a lawful business entity.
• Your use of the Service complies with all applicable laws and regulations.

4. Account Registration

To use the Service, you must create an account.

You agree to:

• Provide accurate and complete information.
• Maintain confidentiality of login credentials.
• Be responsible for all activity under your account.

We may suspend or terminate accounts with inaccurate, misleading, or fraudulent information.

5. Client Responsibilities

You are solely responsible for:

• All traffic routed through the platform.
• All campaigns, creatives, tracking links, and API connections.
• Ensuring legal compliance of your traffic sources.
• Ensuring lawful data collection and user consent.
• Ensuring compliance with advertising, privacy, consumer protection, and anti-spam laws.
• Managing relationships with affiliates, publishers, advertisers, and partners.

SmartCascade does not monitor, pre-approve, or validate your traffic or business practices.

6. Prohibited Activities

You may not use the Service to:

• Distribute malware, spyware, or harmful code.
• Conduct fraudulent activity.
• Engage in click fraud or artificial traffic generation.
• Promote illegal products or services.
• Infringe intellectual property rights.
• Violate privacy or data protection laws.
• Route traffic derived from unlawful sources.
• Attempt to interfere with platform integrity or security.

We reserve the right to suspend or terminate accounts engaged in prohibited conduct.

7. Compliance with Laws

You are responsible for ensuring your use of the Service complies with all applicable laws and industry regulations, including but not limited to:

• Data protection and privacy laws
• Advertising regulations
• Consumer protection laws
• Anti-spam and electronic communications laws
• Financial and payment regulations

SmartCascade is not responsible for your compliance obligations.

8. Fees and Payment

Fees are defined in your order form, subscription plan, or separate agreement.

You agree to:

• Pay all fees on time.
• Provide accurate billing information.
• Pay applicable taxes (excluding our corporate taxes).

Failure to pay may result in suspension or termination.

Fees are non-refundable unless otherwise agreed.

9. Intellectual Property

9.1 Our Intellectual Property

All rights, title, and interest in the Service, including software, infrastructure, algorithms, and documentation, remain the exclusive property of SmartCascade.

You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription term.

9.2 Client Data

You retain ownership of all data you upload or process through the Service (“Client Data”).

You grant SmartCascade a limited license to process Client Data solely to provide the Service.

10. Data Processing

Where SmartCascade processes personal data on your behalf, a Data Processing Agreement (DPA) governs such processing.

You represent that:

• You have a lawful basis for processing all personal data submitted.
• You have obtained all required consents.
• You have provided appropriate privacy notices.

SmartCascade acts as a technical service provider and does not determine the purposes of end-user data processing. More information about data types and processing can be found in the Privacy Policy document on this web-site.

11. Service Availability

We aim to maintain high, 99.9%, availability but do not guarantee uninterrupted or error-free operation.

The Service may be temporarily unavailable due to:

• Maintenance
• Updates
• Infrastructure issues
• Security incidents
• Force majeure events

We are not liable for downtime beyond our reasonable control.

12. Modifications to the Service

We may modify, update, enhance, or discontinue features of the Service at any time.

Material changes will be communicated where appropriate.

13. Confidentiality

Each party agrees to protect confidential information received from the other party and not disclose it except:

• To employees or contractors with a need to know
• As required by law
• With prior written consent

Confidentiality obligations survive termination.

14. Warranties Disclaimer

The Service is provided “as is” and “as available.”

To the maximum extent permitted by law, SmartCascade disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of data
• Performance outcomes

We do not guarantee revenue, traffic quality, or campaign performance.

15. Limitation of Liability

To the maximum extent permitted by law:

• SmartCascade shall not be liable for indirect, incidental, consequential, special, or punitive damages.
• We are not liable for lost profits, revenue, data, or business opportunities.
• Our total aggregate liability shall not exceed the fees paid by you in the 12 months preceding the claim.

These limitations apply regardless of the legal theory.

16. Indemnification

You agree to indemnify and hold harmless SmartCascade from any claims, damages, fines, or losses arising from:

• Your traffic activities
• Your violation of laws
• Your misuse of the Service
• Infringement of third-party rights
• Data protection violations related to Client Data

17. Suspension and Termination

We may suspend or terminate your account if:

• You violate these Terms.
• You engage in fraudulent or illegal activity.
• You fail to pay fees.
• Continued service poses legal or security risk.

You may terminate your subscription in accordance with your billing plan.

Termination does not relieve payment obligations incurred prior to termination.

18. Force Majeure

We are not liable for failure or delay caused by events beyond reasonable control, including:

• Natural disasters
• Cyberattacks
• Infrastructure failures
• Government actions or armed conflict
• Internet outages

19. Governing Law and Dispute Resolution

These Terms are governed by the laws applicable at the registered office of SmartCascade, without regard to conflict of law principles.

Disputes shall be resolved through the competent courts at that jurisdiction unless otherwise agreed.

20. Changes to These Terms

We may update these Terms periodically.

Continued use of the Service after updates constitutes acceptance of the revised Terms.

21. Contact Information

SmartCascade is operated by:

Private Social AG Vorderlinden 2
6374 Buochs
Switzerland

Data Protection Contact: dpo@smartcascade.com