Flyformance.net

Welcome to flyformance, our distinguished platform. These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you and flyformance Tracking Software, registered as KYANLABS TECHNOLOGY CO. L.L.C, Register No. 1259065.

 (hereinafter “flyformance”) governing the use of our platform and our Services. We license use of our platform to you on the basis of these Terms. We do not sell our platform to you, and we remain the owner of our platform at all times. 

 

Terms Of Use

The provisions articulated in these Terms govern your access to and utilization of our platform and shall constitute a legally binding agreement between you and us. We reserve the right to change these terms periodically and will let you know of any changes. If you don't agree to these terms, please don't use our platform.

Subject to your agreement to adhere to these Terms, we hereby grant you a revocable, non-exclusive, and non-transferable license to utilize our platform following these Terms.

By registering for an account, which entails the provision of certain obligatory and optional information necessary for a successful registration and the utilization of our platform, you agree and acknowledge that: 

You have read the terms outlined in these Terms and agree to be bound by and comply with them; and

You shall ensure that all Users of your Account adhere to these Terms.  

You bear the responsibility for maintaining the confidentiality of your Account and for all activities undertaken under your Account. You agree that any actions performed by any individual through your Account shall be regarded as actions carried out by you, and you shall ensure that all persons authorized to access and utilize your Account are duly authorized. We shall not be liable for any loss, damage, or liabilities resulting from or related to the wrongful, fraudulent, or illegal use of your Account.

We reserve the right, at our sole discretion and with prior notice, explanation, or liability, to restrict your access to our platform or your Account, or to remove or modify content (including content submitted by you) on our platform or affiliated platforms.

We reserve the right to alter, modify, suspend, or terminate any part of the Services, our platform, or any other products, services, affiliated platforms (including social media pages), and/or other software provided by us in relation to the aforementioned at any given time. You acknowledge that access to or operation of any of the aforementioned may occasionally be interrupted or experience technical difficulties.

Save to the extent we provide written permission, you are not allowed to use or submit any content to our platform or affiliated platforms to advertise, promote, or market third-party services.

The subsequent supplementary conditions shall also pertain to your utilization of our platform and shall constitute integral components of these Terms and Conditions

Our Privacy Policy; 

Our Data Processing Addendum. 

 

Subscription

Certain Services may necessitate the payment of subscription fees and/or other miscellaneous or supplementary charges prior to your ability to access or utilize them (“Fees"), which will be communicated to you via our platform.

Should you subscribe to a recurring service from our platform, the subscription duration associated with your Account will be renewed automatically upon the conclusion of each subscription cycle, unless terminated effectively via our platform. By proceeding with the purchase of the recurring subscription, you grant us or our affiliated corporations the explicit authority to charge the applicable Fees automatically.

Upon the commencement of your initial subscription period, following the expiration of any applicable trial period, or on a date otherwise specified by us, and 

On the renewal date of the subscription period, you won't need to do anything else.

Any fees owed in connection with your account must be settled by the specified due date, as communicated to you via our platform or through other means. Failure to remit payment promptly may lead to the suspension or termination of your access to your account, our platform, or any associated services.

Our fees are subject to change periodically at our discretion. We shall give you reasonable prior written notice of any changes to recurring fees. Continued use of the subscription signifies your acceptance of the amended fees. 

You will be responsible for any applicable taxes, including any goods and services tax, as specified under these Terms.

All payments must be made using the methods we specify from time to time. You agree that your use of third-party payment methods is subject to their user agreements. We are not responsible for any failures, disruptions, or errors related to your chosen payment method. We reserve the right to change, suspend, or end any payment method at any time, with prior notice.

We are required to receive payment in full no later than the specified due date, in immediately available and freely transferable funds, without any restrictions, conditions, withholdings, deductions, set-offs, or counterclaims whatsoever.

Unless otherwise notified in writing by us, the termination of your account for any reason shall not entitle you to a refund of the fees. If you choose to cancel your subscription to our platform, you may retain access to your account until the conclusion of the current subscription period.

We reserve the sole and absolute discretion to provide a refund of Fees for a specific subscription period in cases where no actions have been undertaken concerning your Account during that period, provided that you notify us in writing of your intention to terminate your subscription within three (3) days of the payment due date for that particular period. 

 

Information on Service Availability and Credits

In the event of a server outage, a credit will be issued to the customer upon request to compensate for the downtime. The amount of the credit shall be calculated based on the percentage of the billing plan corresponding to the duration of the outage. This credit will be applied to the customer’s subsequent billing cycle. flyformance shall not be liable for any losses incurred by the customer during the blackout.

 

Refund Policy

All sales are final. We do not offer refunds under any circumstances, as we provide digital products and services, including downgrades, and therefore, returns and exchanges are not applicable.

We do not accept any returns or exchanges.

 

Uploading Content to Our Platform

You irrevocably and unconditionally represent and warrant that any of your content uploaded to our platform complies with all applicable laws and regulations:

Our Privacy Policy; 

Our Data Processing Addendum; and 

Any other applicable laws.

You bear sole responsibility for all content uploaded to our platform. We shall not be held liable or responsible to any third parties for:

The accuracy or content of any data uploaded by you, us on your behalf, or other platform users; or

You should keep a record of all content and data you provide to us, as we are not responsible for any loss of such content or data.

We will exclusively utilize the content uploaded by you to provide the Services, fulfilling our obligations under this Agreement, and any other purpose explicitly stated herein or mutually agreed upon. We shall not disclose or distribute your uploaded content except when mandated by law, a court of competent jurisdiction, or any governmental or regulatory authority.

We may utilize the content you upload for data analytics purposes or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used solely to enhance the Services and our response to platform users.

We reserve the right to disclose your identity to any third party asserting that the content you posted or uploaded to our platform infringes upon their rights under applicable law.

We reserve the right to remove any content uploaded to our platform if we believe it does not meet our content standards.

 

Prohibited Uses

You are only permitted to use our platform for lawful activities. You must not use our platform for the following purposes:

In any manner that violates any relevant local or international laws or regulations;

In any way that is illegal or misleading, or that aims for any illegal or deceptive purpose or outcome;

To send, knowingly receive, upload, download, use, or re-use any material that does not meet our content standards outlined in our current terms and conditions, which are subject to change over time; and

To deliberately transmit any data, send, or upload any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious programs or similar computer code intended to adversely impact the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy, or resell any part of our platform in violation of the provisions outlined in our Terms; and

Refrain from accessing without proper authority, interfering with, damaging, or causing disruption.

Any part of our platform;

Any equipment or network on which our platform operates stored; 

Any software used in providing our platform; or 

Any equipment, network, or software owned or utilized by any third party.

 

Restrictions

Except as explicitly outlined in this Agreement or as authorized by any applicable legislation, you undertake:

Refrain from reproducing, copying, modifying, adapting, translating, publishing, displaying, communicating, transmitting, selling, exploiting, or using in any manner the whole or any part of any Service, our platform, or its contents for any commercial or other purposes.

You won't be able to disassemble, decompile, reverse-engineer, or create derivative works based on the entirety or any part of the source code of our platform, nor should you try to do so. Also, you are prohibited from reproducing, displaying, or otherwise providing access to the Services, our platform, or any of the content in it, including but not limited to framing, mirroring, linking, spidering, scraping, or employing any other technological means;

Refrain from providing or otherwise distributing our platform, either in whole or in part (including but not limited to program listings, object and source program listings, object code, and source code), to any individual without obtaining prior written consent from us.

To ensure proper attribution, include our copyright notice on all complete and partial copies of our platform across any medium. 

To ensure compliance with all relevant technology control and export laws and regulations; and

Not to disrupt, disable, or otherwise impair the proper functioning of the Services, our platform, or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering, or reprogramming.

Intellectual Property Rights

You acknowledge that we own all intellectual property rights to our platform worldwide. The rights to access and utilize our platform are granted to you via license, not sale, and you possess no rights in or to our platform other than the license to use it following these Terms.

Any intellectual property rights in content you upload to our platform remain yours or belong to their respective owners. By using our services, you grant us a royalty-free, non-exclusive license to use, reproduce, publish, and display that content. This license enables us to perform the Services, promote them, handle internal administration, and fulfill other purposes outlined in these Terms. It also allows us to improve our Services and enhance our responses to platform users.

You agree that you are not entitled to access our platform's source code.

You are strictly prohibited from modifying the paper or digital copies of any materials you have printed or downloaded from our platform in any manner. Additionally, you must not utilize illustrations, photographs, video or audio sequences, or any graphics independently from the accompanying text.

Always acknowledge our status and that of any contributors as the authors of content on our platform.

You are prohibited from utilizing any portion of the content on our platform for commercial purposes that we do not explicitly authorize, unless you have first obtained a license to do so from us or our licensors.

If you print, copy, or download any content from our platform in violation of this Agreement, your right to access and use our platform will be immediately revoked. Additionally, at our discretion, you are obliged to return or destroy any copies of the materials you have created.

 

Warranties

While we exert diligent efforts to uphold the accuracy of the information presented on our platform, we offer the Services, platform, and all Related Content on an “as is” and “as available” basis, unless explicitly stated otherwise in writing. We do not make any representations or warranties, whether express or implied, regarding the operation of any of those as mentioned earlier, unless explicitly specified in writing.

To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, concerning our platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our platform, the Related Content, or electronic communications sent by us are free from viruses or other harmful components.

 

Limitation Of Liability

We disclaim any liability for the completeness, accuracy, or correctness of any information uploaded to our platform and any Related Content. You expressly acknowledge that your use of the Services and our platform is undertaken solely at your own risk.

You agree not to utilize the Services, our platform, or the Related Content for any resale purposes. We shall bear no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms. This includes, but is not limited to, issues related to the use of, or inability to use, the Services, our platform, or any other platform or software.

Loss of profits, sales, business, or revenue.

Business interruption.

Loss of expected savings;

Loss or damage to data or information;

Loss of business opportunity, goodwill, or reputation; or

Any other indirect or consequential damages or losses.

Nothing in these Terms shall restrict or eliminate our liability for:

Death or personal injury caused by our negligence; 

Fraud; and/or

Any other matter that we are legally prohibited from limiting or excluding our liability for.

Our platform is not intended to fulfill a record-keeping function, and we shall not be held liable for any loss of data or content.

These Terms clearly delineate the full scope of our obligations and liabilities concerning the provision of the Services and our platform. Except as explicitly outlined in these Terms, there are no conditions, warranties, representations, or other terms, whether express or implied, that are binding upon us. Any condition, warranty, representation, or other term related to the supply of the Services and our platform that might otherwise be implied into, or incorporated within, these Terms—whether by statute, common law, or other means—is hereby excluded to the maximum extent permitted by law.

 

Indemnity

You agree to indemnify and hold harmless us, our affiliated corporations, as well as our respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors, and assigns, against all claims, losses, expenses, damages, and costs—including but not limited to direct, incidental, consequential, exemplary, and indirect damages—and reasonable legal fees resulting from or arising out of any actions, defaults, or omissions on your part, whether related to your use of our platform, services, any associated platforms or software, or otherwise, and regardless of whether such claims relate to your breach of any obligations.

These Terms;

Our User License Agreement;

Our Privacy Policy; and

Our Data Processing Addendum, or any laws, regulations, or otherwise. 

 

Other Important Terms

We may transfer our rights and obligations under these Terms to another organization; however, this shall not affect your rights or obligations under these Terms.

You are permitted to transfer your rights or obligations under these Terms solely with our written consent.

Nothing in these Terms creates a joint venture, partnership, agency, or employment relationship.

These Terms and any documents explicitly referenced herein constitute the entire agreement between us concerning their subject matter. They supersede and extinguish all prior agreements, promises, assurances, warranties, representations, and understandings, whether written or oral, related to this subject matter. You acknowledge that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly set out in these Terms or any documents explicitly referred to herein. Furthermore, you agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement contained within these Terms or any such referenced documents.

If we choose not to enforce any of your obligations under these Terms, or if we delay in exercising our rights, it does not mean we've waived those rights or that you no longer need to fulfill your obligations. Any waiver of a default will be in writing and does not automatically apply to future defaults.

Each of the provisions contained within these Terms is independent in nature. Should any court or competent authority determine that any provision is unlawful or unenforceable, the remaining provisions shall continue to be valid and binding in their entirety.

These Terms, their subject matter, and their formation, along with any disputes or claims related thereto, are governed by UAE law. In the event of any disputes or claims arising in connection with these Terms, you agree to initially engage in good-faith discussions with us to resolve such issues. If such disputes or claims remain unresolved within sixty (60) days, both parties irrevocably submit to the exclusive jurisdiction of the courts of the United Arab Emirates.

        
        flyformance Privacy Policy
Last Updated: [02-08-2025]

flyformance (“we,” “our,” or “us”) provides e-commerce solutions specializing in coupon marketing software that boosts sales and manages affiliate programs with marketers and influencers via coupon codes.

Clients use flyformance to:

Track the effectiveness of their affiliate and publisher relationships.

Measure sales and conversion performance.

Generate actionable insights through sales and conversion metrics.

This Privacy Policy explains how flyformance handles end‑user data for advertisers using its platform. It does not cover:

The data collection practices of our clients.

The websites or applications where ads are displayed.

Any other third parties’ practices.

We value your privacy and are committed to protecting it in compliance with applicable laws, including the Information Technology Act and its rules.

1. Role in Data Processing
flyformance acts as a “Data Processor” on behalf of our clients (“Data Controllers”).

Clients determine what data is collected, how it is used, and for what purposes.

We process end‑user data solely under client instructions and in compliance with relevant laws.

This Privacy Policy applies only to the flyformance platform.

If you do not agree with our practices, please refrain from providing personal information or using our services.

2. Purpose of Data Collection
Clients use flyformance to manage and analyze end‑user data in order to:

Assess the effectiveness of advertising campaigns.

Evaluate affiliate, publisher, and network performance.

Generate tailored reports, e.g., how a specific ad performs in a given region.

Track coupon code usage timing.

Deliver targeted ads based on non‑personal data (e.g., device type, OS, approximate location).

3. Types of Data Collected
At the instruction of our clients, flyformance may collect the following types of information:

3.1 End‑User Data (Non‑Personal)
Pixel tags

Number of total sales

Number of coupon codes used

Sales items and amounts

Geographic data (GEO)

Operating system (OS)

3.2 Client Account Data
Collected from client representatives upon account setup:

Name and contact details

Location, email, and phone number

Company name

Skype ID

Website URL

Username and password

This data is considered confidential business information and is used only to service the account.

3.3 Sensitive Information
Handled in compliance with the Information Technology Act, 2000:

Login Credentials: Stored securely and used only for account access.

Financial Data: Bank details on cheques are not stored; we recommend direct deposits.

Customer Personal Data: Not collected or stored without client consent.

4. Payment Processing
Payments processed through secure, PCI‑compliant payment gateways.

flyformance does not store credit card information.

Payment gateways may retain minimal details temporarily as required by law.

5. Sharing of Information
We do not sell, rent, or share personal information except:

With consent at the time of collection.

With trusted partners under confidentiality agreements to operate, maintain, or improve the platform.

For troubleshooting, administrators may temporarily access limited data.

When legally required (court orders, legal processes, fraud investigations).

During corporate changes (merger, acquisition, bankruptcy) with prior notice.

For fraud prevention and compliance with applicable laws.

6. Data Ownership
Clients retain full ownership of the data they provide or collect through flyformance.

Upon data removal or export, its use remains subject to the client’s privacy policy.

flyformance functions only as a data processor under client instructions.

7. Tracking & Cookies
Pixel Tracking (Client‑Side): Stores session identifiers in browser cookies.

Postback Tracking (Server‑Side): Transfers session identifiers directly between servers.

Cookies: Users may disable cookies; however, ads may still appear.

Opt‑Out Options: End users can disable targeted ads via device settings (e.g., “Limit Ad Tracking”).

8. Third‑Party Sources
Clients may integrate external sources (advertisers, publishers, networks, analytics partners).

flyformance may use affiliate information for fraud prevention and contractual purposes.

9. GDPR Compliance
As a Data Processor under the GDPR:

We adopt privacy by design principles.

Enforce limited data retention policies.

Allow audits by authorized third parties.

Contract only with compliant sub‑processors.

Respect data subject rights (access, rectification, erasure).

Do not process sensitive personal data unnecessarily.

10. Communication
We may send transactional communications, administrative messages, and newsletters.

Marketing emails are optional; you may opt out at any time.




11. Security Measures
Data is stored on secure servers with industry‑standard encryption.

Security includes physical, electronic, and procedural safeguards.

Users are responsible for maintaining the confidentiality of their credentials.

12. Data Retention
Data is retained only as long as necessary for its intended purpose.

Retention may also comply with legal obligations, user agreements, or court orders.

13. Deletion of Personal Information
You may request deletion of your personal information or account.

Due to technical backups, residual data may persist for a short time post‑deletion.

14. Location of Data
Data is stored securely on flyformance’s hosting partner servers.

15. Changes to Privacy Policy
flyformance may update this Privacy Policy periodically.

Updates will be posted on this page with the “Last Updated” date.

16. Google API Services Compliance
flyformance complies with Google API Services User Data Policy (including Limited Use):

We access Google account information only for core functionalities.

We do not use Google data for unauthorized purposes.

17. Contact Information
If you have questions regarding this Privacy Policy:
 📧 info@flyformance.com
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