TERMS OF SERVICE

Effective Date: November 7, 2023
Last Updated: January 19, 2026

1. Acceptance of Terms

Welcome to ReferralHero! These Terms of Service (the “Terms” or the “Agreement”) govern your access to and use of the ReferralHero website, services, software, and applications (collectively, the “Service”). By accessing or using the Service, you, individually on your own behalf and collectively on behalf of any corporate entity you are authorized to represent, signify that you have read, understand, and agree to be bound by these Terms in their entirety. These Terms form a binding legal contractual relationship between you (“You,” “Your,” the “User,” and the “User’s”) and LD Innovations, LLC, the parent company of ReferralHero, d/b/a ReferralHero (collectively “ReferralHero,” “we,” “us,” and “our”). If you do not agree with these Terms or any part thereof, you must not access or use the Service.

2. Definitions

The following definitions apply to the below terms appearing in Section 8, Section 12 and elsewhere in this Agreement. Any term not defined in this Definitions Section shall have the meaning provided to it within the body of the Agreement where it appears.

1. ‍“Affiliate” (also referred to as and inclusive of the terms “Advocate, “Referrer,” or “Subscriber”) means a User (defined below) who participates in referral, promotion, or payout-related activities through the Service. The terms “Affiliate,” “Advocate,” “Referrer” and “Subscriber” are used interchangeably in these Terms and refer to the same legal role, regardless of terminology used within the platform interface or otherwise by ReferralHero in its materials or communications. A User may act in multiple roles under these Terms (including as a customer and as an Affiliate), but such roles do not alter the User’s underlying legal status or obligations except as expressly stated herein.
2. ReferralHero offers a payout feature called “Cash Payouts” (or the “Payout Feature”) which allows a User acting as a customer to authorize ReferralHero to: (i) automatically bill the customer; and (ii) initiate a payout to another User acting as an Affiliate on the customer’s behalf. ReferralHero acts solely as a technical facilitator of such transactions and does not serve as a bank, money transmitter, escrow agent, fiduciary, or payment intermediary.
3. “User” means any individual or entity that accesses or uses the Service under an account, including all Affiliates, Advocates, Referrers, Subscribers, customers, and similar persons, regardless of how such role may be labeled within the platform interface, or within internal systems, materials or communications. For avoidance of all doubt, a User may act in multiple roles under these Terms (including as a customer and as an Affiliate), but such roles do not alter the User’s underlying legal status or obligations except where expressly stated herein.
4. "User Content" means any material (including, without limitation, text, images, audio material, video material, and audio-visual material, photos, style images) that a User submits, uploads, posts, or otherwise transmits to the Service for any purpose.
5. “User-Provided Information” means all information, data, and instructions submitted or otherwise provided by a User in connection with payments of any kind or nature made through or in connection with the Service, including, without limitation, identity information, bank account details, tax information, payout instructions, and eligibility information. Each User is solely responsible for the accuracy, completeness, and legality of all User-Provided Information. ReferralHero shall not be responsible or liable for any losses, delays, errors, failed payouts, or damages arising out of or relating to inaccurate, incomplete, misleading, or fraudulent User-Provided Information.‍
6. Other terms have those definitions provided them within the body of the Agreement.

3. Privacy Policy and Cookies

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you. The Service uses cookies; by using the Service and agreeing to these Terms, you consent to ReferralHero's use of cookies in accordance with our Privacy Policy.

4. Eligibility

You must be at least eighteen (18) years of age to use the Service. By accessing or using the Service, you are agreeing to these Terms, and you also represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement, which is a legal contract. If you are younger than eighteen (18) years old, your legal guardian represents and warrants that you are authorized to use the Service, has granted you permission to do so, is bound by these Terms on your behalf, and takes full responsibility for your actions in connection with the Service.

5. User Accounts

Access to certain features of the Service may require you to register for an account. If ReferralHero provides you with a User ID and password (or other credentials) to access restricted areas of the Service, you are solely responsible for maintaining the confidentiality of your credentials. You agree to notify ReferralHero immediately of any unauthorized use of your account. ReferralHero reserves the right to disable your User ID and password, or suspend or terminate your account, in its sole discretion and without notice or explanation, if you actually breach, or, if ReferralHero believes you have breached, these Terms, or, in the event that your account security has been compromised.

6. License to Use the Service

Subject to your compliance with these Terms, ReferralHero grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes, as applicable based on your Subscription Plan.

7. Acceptable Use and Prohibited Conduct

You agree not to use the Service:

1. In any way that causes, or may cause, damage to the Service or impair its availability or accessibility; 
2. In any way which is unlawful, illegal, fraudulent, or harmful; 
3. In connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; 
4. To copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; 
5. To conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to the Service, without ReferralHero’s express written consent; 
6. To transmit or send unsolicited commercial communications (i.e.,“spam”); and/or
7. For any purposes related to marketing, other than utilizing the intended functionality of the ReferralHero Service as prescribed, without ReferralHero’s express written consent.

8. User Content

1. For the definition of “User Content” as used in this Section, please see the Definitions at Section 2 above.
2. Responsibility: You retain all rights in, and are solely responsible for, your User Content.
3. License Grant: You grant ReferralHero a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your User Content in any existing or future media solely for the purposes of operating, promoting, and improving the Service. You also grant ReferralHero the right to sub-license its rights for these purposes, and the right to bring an action for infringement of these rights.
4. Representations and Warranties: You represent and warrant that your User Content:
   
   1. Is not illegal or unlawful;
   2. Does not infringe any third party's legal rights (including intellectual property rights and privacy rights); 
   3. Is not capable of giving rise to legal action against you, ReferralHero, or a third party under any applicable law; and
   4. Is not, and has never been, the subject of any threatened or actual legal proceeding or similar complaint.
5. Monitoring and Removal: ReferralHero reserves the right, but is under no obligation, to monitor, edit, and/or remove any User Content submitted to, stored on, or published via the Service in its sole discretion. ReferralHero does not undertake to monitor the submission or publication of all User Content.

9. Intellectual Property Rights

Unless otherwise stated, ReferralHero and/or its licensors own the intellectual property rights in the Service and all materials on the Service (excluding User Content). Subject to the license granted in Section 8, all of these intellectual property rights are reserved. You must not:

1. Republish material from the ReferralHero website (including republication on another website);
2. Sell, rent or sub-license material from the website;
3. Show any material from the website in public;
4. Reproduce, duplicate, copy or otherwise exploit material on the website for any commercial purpose;
5. Edit or otherwise modify any material on the website; or
6. Redistribute material from the website (except for content specifically and expressly made available for redistribution).

10. Subscription, Fees, and Payments

• Subscription Plans: ReferralHero offers various different subscription plans (each a “Subscription Plan” or a “Subscription”) for the Service, each providing a specific duration of access to the Service during the “Subscription Term.” Your specific Subscription and its terms (“Subscription Terms and Conditions”) are selected during account registration or upgrade, or, at the backend in the event of a sales conversion. Information about our Subscription Plans can be found in the billing section of your account.
• Fees: All fees quoted on our website are exclusive of VAT or any other taxes that may be applicable in your jurisdiction.
• Credit Card/Bank Account Authorization: Upon initiating a Subscription, you may be required to provide valid credit card information and/or bank account information for ACH withdrawals. To verify the validity of your card or account, we will run a temporary authorization. Any charge associated with this authorization will be dropped within approximately one (1) hour. By providing your payment information, you authorize ReferralHero to charge your chosen payment method for any applicable overage charges incurred during the trial and for the subsequent Subscription fees if you do not cancel before the end of the Subscription Term.
• Automatic Renewal: Unless you cancel your Subscription before the end of your current Subscription Term (or any subsequent renewal term), your Subscription will automatically renew for the same duration (e.g., monthly, quarterly, annually). You authorize ReferralHero to charge the applicable Subscription fee using the payment method on file. This applies to all paid Subscription Plans.
• Email Usage Limits and Overage Charges: The Subscription Plan includes a limit of one hundred thousand (100,000) emails per month. If your email volume exceeds this limit during any week of the Subscription Term, you will incur an overage charge of one dollar ($1.00) per one thousand (1,000) emails sent beyond the included limit. Overage charges for email usage will be billed weekly to the payment method on file.
• SMS/MMS/Verify Usage Charges. Use of the messaging automations systems connected with the Service (including SMS, MMS, and Verify/OTP) is billed on a pay-as-you-go basis at the applicable country-specific rates published on our Pricing Page (the “Country Specific SMS Messaging Rates”), as updated from time to time. The Country Specific SMS Messaging Rates are stated per unit (e.g., per SMS segment/count, per MMS message, per Verify attempt) as described on the Pricing Page, and exclude taxes, carrier surcharges, and other applicable fees. Usage is measured by our systems and billed weekly to the payment method on file. By using the messaging features, you agree that the then-current Country Specific SMS Messaging Rates posted at the time the usage is incurred will apply.
• Mobile App Attribution Overage Charges: The Subscription Plan includes a limit of ten thousand (10,000) mobile attribution subscribers. Accounts exceeding this limit will incur an overage charge of five one-thousandths of a dollar ($0.005) per additional subscriber. Overage charges for mobile attribution subscribers will be billed monthly to the payment method on file.

11. Cancellation

You may cancel your Subscription at any time through your ReferralHero admin panel or by sending an email to support@referralhero.com from the email address associated with the account owner. Cancellation becomes effective at the end of the then-current Subscription Term. You must fulfill all of the payments of the Subscription Term, notwithstanding the time cancellation notice is provided. No pro-rata refunds are provided for cancellations mid-Subscription term.

12. Payout Feature

1. For the definitions of “Affiliate, “Advocate,” “Referrer,” Subscriber,” “Cash Payouts,” User,” “User-Provided Information” as used in this Section, please see the Definitions at Section 2 above.
2. Tax Reporting: ReferralHero may issue IRS Form 1099-NEC or other required tax documentation to Users when applicable in connection with payouts processed through the Payout Feature. Users are solely responsible for determining their own tax obligations and for providing accurate and complete tax information. ReferralHero does not provide tax advice. ReferralHero’s issuance of tax forms does not constitute verification of income amounts, services performed, or tax classification.
3. Payout Processing Fees: In addition to any applicable Subscription fees, ReferralHero charges a per-payout processing fee for use of the Payout Feature. Processing fees vary based on funding method and currency and are disclosed at the time of transaction or in applicable documentation. Processing fees may be:
   
   1. US Bank Account (ACH – USD only)
      2.5% + $0.50 per payout, capped at $20.00
   2. Credit / Debit Card (USD cards)
      4.5% + $0.50 per payout
   3. Credit / Debit Card (International or non-USD cards)
      6.0% + $0.50 per payout
      
      All payouts are sent in U.S. dollars (USD). Payouts sent to a recipient bank account that settles in a non-USD currency may incur foreign exchange conversion fees imposed by third parties. ReferralHero does not control and is not responsible for such fees. All processing fees are earned when charged and are non-refundable.
4. Disputes and Chargebacks Related to Payouts: Any disputes, chargebacks, reversals, or similar payment claims relating to a payout or the funding of a payout—including disputes between Users—will result in a non-refundable chargeback fee of thirty dollars ($30.00) per occurrence. The customer initiating the payout remains solely responsible for the underlying payment obligation to the Affiliate. ReferralHero has no responsibility to resolve disputes between Users and may deduct applicable fees from any amounts otherwise payable or charge such fees to the payment method on file.‍
5. Payout Finality: All payouts initiated through the Payout Feature are final and non-refundable. Once a payout has been initiated, it cannot be reversed, recalled, or refunded, regardless of error, dispute, or request by any User. Any fees paid in connection with a payout, including ReferralHero fees and third-party processing fees, are non-refundable. Users acknowledge and agree that payout finality applies regardless of error, dispute between Users, fraud allegations, performance issues, or downstream contractual disputes between the customer and Affiliate.

‍

13. General Refund Policy

• General Policy: Fees paid for the Service are generally non-refundable.‍
• Limited Exception: Refund requests submitted via email to support@referralhero.com from the registered account owner within three (3) calendar days of the initial purchase date may from time to time be evaluated and honored at the sole discretion of ReferralHero. Each request is evaluated individually. A decision to grant a refund in one instance does not obligate ReferralHero to grant refunds in subsequent instances.‍
• No Partial Refunds: No partial refunds for unused services, credit refunds, or prorated billing for Subscriptions canceled mid-Subscription Term will be offered beyond the potential three (3) day exception.‍
• Chargebacks: Initiating a credit card chargeback or payment reversal may result in the immediate restriction or termination of your account.

14. Trial Subscriptions

During the Trial Period, you will be granted access to the features and functionalities as outlined in the Trial Offer (and be given a “Trial Subscription”), subject to the terms, conditions and limitations described herein.

• Subscription Terms Applicable. Your use of the Service during the Trial Period is subject to our Privacy Policy and the other provisions of these Terms of Service. These Terms include those appearing above in Section 10, including terms concerning credit card authorization, email usage limits and overage charges, SMS and MMS automatic usage charges, automatic renewal and billing, changes and termination.‍
• Data During Trial Period: We make no guarantees, warranties or representations regarding the retention of any data or content created or uploaded during the Trial Period upon termination or conversion from a Trial Subscription to a paid Subscription, unless explicitly stated otherwise in the Trial Offer.‍
• Limitations: ReferralHero may impose certain limitations on features, usage, or content during the Trial Period beyond those explicitly stated herein. These limitations will be disclosed in the Trial Offer. By proceeding with the Trial Subscription, you acknowledge that you have read, understand, and agree to these Trial Subscription Terms.

15. Referral Program

If applicable, participation in the ReferralHero Affiliate/Referral Program is subject to the following specific terms and conditions:

• Commission Structure: A commission of ten percent (10%) will be awarded on a monthly basis, calculated on the Subscription selected by the referred customer.
• Cap: The maximum commission payable per referral is capped at seven hundred dollars ($700) or for a duration of twelve (12) months, whichever comes first.
• Eligibility: To earn a commission, the referred customer must be an active and paying ReferralHero Subscriber.
• Exclusions: Commissions are calculated solely on the base Subscription fee and do not include extra charges like Subscriber fees, overage fees, or consulting fees paid by the referred customer.
• Self-Referral Prohibited: Self-referrals, referrals of your company, or referrals of your organization are prohibited. Referrals must be of independent third parties only.
• Payment: Commissions are typically paid via PayPal to the email associated with your ReferralHero account during the first week of each month from commissions earned in the previous period(s).
• Modification/Termination: ReferralHero reserves the right to modify, suspend, or terminate the herein described Referral Program, its terms, or your participation in it at any time, for any reason, without prior notice.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. REFERRALHERO MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE SERVICE OR THE INFORMATION AND MATERIALS PROVIDED. WITHOUT LIMITING THE FOREGOING, REFERRALHERO DOES NOT WARRANT THAT:

• ANY USER WILL RECEIVE ANY ANTICIPATED OR DESIRED OUTCOME, RESULT OR BENEFIT FROM THE SERVICE;
• THE SERVICE WILL BE CONSTANTLY OR CONSISTENTLY AVAILABLE, OR AVAILABLE AT ALL;
• THE INFORMATION ON THE SERVICE IS COMPLETE, TRUE, ACCURATE, OR NON-MISLEADING; OR
• EMAILS OR LEADS COLLECTED THROUGH THE SERVICE ARE FREE FROM FRAUDULENT ACTIVITY, SUCH AS AUTOMATED BOTS OR TEMPORARY EMAIL ADDRESSES.

NOTHING ON THE SERVICE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND, INCLUDING BUT NOT LIMITED TO TAX, FINANCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

REFERRALHERO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE TIMING, ACCURACY, OR COMPLETION OF PAYOUTS WHERE DELAYS OR FAILURES RESULT FROM THIRD-PARTY PROCESSORS OR USER-PROVIDED INFORMATION.

ReferralHero makes no representations or warranties regarding payout timing, reversals, settlement, or availability where such outcomes are determined by third-party payment processors, including Stripe.

17. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REFERRALHERO WILL NOT BE LIABLE TO YOU (WHETHER UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE) IN RELATION TO THE CONTENTS OF, USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICE:

• FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSSES; OR
• FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS, OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF REFERRALHERO HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS. TO THE EXTENT THAT THE SERVICE IS PROVIDED FREE OF CHARGE, REFERRALHERO WILL NOT BE LIABLE FOR ANY DIRECT LOSS.

18. Exceptions

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, nor will it exclude or limit ReferralHero’s liability in respect of any:

• DEATH OR PERSONAL INJURY CAUSED BY REFERRALHERO’S NEGLIGENCE;
• FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF REFERRALHERO;
• MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR REFERRALHERO TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY FOR.

19. Reasonableness

By using the Service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.

20. Indemnification

You hereby agree to indemnify, defend, and hold harmless ReferralHero and its parent company and affiliates, and its officers, directors, employees, subsidiaries, successors, assigns, and subcontractors from and against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by ReferralHero to any third party in settlement of a claim or dispute on the advice of ReferralHero’s legal advisers) incurred or suffered by ReferralHero, and arising out of any breach by you, your employees, or your agents, of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

21. Breaches of These Terms

Without prejudice to ReferralHero’s other rights under these Terms, if you breach these Terms in any way, ReferralHero may take such actions as ReferralHero deems appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers using your IP address from accessing the Service, contacting your Internet service provider to request that they block your access to the Service, and/or bringing legal proceedings against you.

22. Modifications to Terms

ReferralHero reserves the right to modify these Terms of Service at any time. Updated Terms will be effective upon their publication on this website. We encourage you to review these Terms periodically. Your continued use of the Service after any such modification constitutes your acceptance of the modified Terms.

23. Assignment

ReferralHero may transfer, sub-contract or otherwise deal with ReferralHero’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

24. Severability

If any provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full force and effect.

25. Entire agreement

These Terms, together with ReferralHero’s Privacy Policy, constitute the entire agreement between you and ReferralHero in relation to your use of the Service, and supersede all previous agreements with respect to your use of the Service.

26. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Pennsylvania, USA, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

27. Contact Information

If you have any questions about these Terms, please contact ReferralHero at support@referralhero.com.