Terms & Conditions (Terms of Service)

1) Who We Are (And What We Are Not)

• 1.1 Not a gambling operator. ROI Gambler does not operate any casino, sportsbook, or gambling product and does not accept wagers or bets.
• 1.2 Not an affiliate network or operator. Any affiliate networks, programs, tracking platforms, brands, or operators you connect to are third parties and are not controlled by ROI Gambler.
• 1.3 No professional advice. The Service provides analytics, benchmarking, simulations, recommendations, and/or AI-generated outputs for informational purposes only. Nothing in the Service constitutes legal, tax, regulatory, compliance, financial, or business advice. You are solely responsible for decisions you make and for obtaining professional advice where appropriate.

2) Definitions

• "Account" means your registered account for the Service.
• "Affiliate Program" means any third-party affiliate network, operator program, tracking system, or platform you connect to or upload/export data from.
• "User Data" means any data you provide, upload, import, sync, or otherwise make available via the Service (including via API connections or CSV uploads), such as clicks, registrations (REGs), first time depositors (FTDs), conversion rates (CVR), earnings, CPA/RevShare metrics, deposits/deposit value, traffic sources, GEOs, subIDs, and related performance metrics.
• "Aggregated Data" means data derived from User Data that is aggregated, anonymised and/or processed so that it is not intended to identify you or any individual user.
• "Benchmarks" means aggregated/anonymised outputs generated from Aggregated Data (for example: network-wide performance trends, rankings, heatmaps, toplist suggestions, deal insights, or similar comparative outputs).
• "Content" means any text, files, posts, comments, messages, images, or other material submitted, posted, or displayed through the Service.
• "GEO" means geographic markets/countries/regions.

3) Eligibility and Business Use

• 3.1 Minimum age. You must be at least 18 years old (or the age of majority in your jurisdiction if higher) to use the Service.
• 3.2 Business/professional use. The Service is intended for professional/business users (e.g., iGaming affiliates and affiliate teams). If you use the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
• 3.3 Compliance. You are responsible for ensuring your use of the Service and your marketing activities comply with applicable laws, regulations, advertising rules, platform rules, and Affiliate Program terms (including any GEO-specific requirements).

4) Your Account, Security, and Seats

• 4.1 Account information. You agree to provide accurate information and keep it up to date.
• 4.2 Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account.
• 4.3 Seats and permissions. If your plan includes multiple seats/users, you are responsible for managing permissions and ensuring that all authorised users comply with these Terms.
• 4.4 Suspicious activity. We may suspend or restrict access if we reasonably suspect unauthorised access, misuse, fraud, or a security threat.

5) The Service, Beta Features, and Changes

• 5.1 Service features. The Service may include performance dashboards, data normalisation, GEO heatmaps, toplist optimisation, benchmarks, recommendations, alerting, AI features, marketplaces for deals/promos, rankings, competitions/leaderboards, forums/community, and other tools.
• 5.2 Beta / early access. Some features may be offered as alpha/beta/preview or as "Free Beta" and may be experimental, inaccurate, incomplete, or changed/discontinued at any time without liability.
• 5.3 Changes. We may update, modify, add, or remove features, integrations, and supported Affiliate Programs at any time. We may also update these Terms as described in Section 20.

6) Connecting Affiliate Programs (API/CSV) and Your Responsibilities

• 6.1 Rights to connect and share. You may only connect Affiliate Programs and upload/import data that you have the legal right and contractual right to access and share.
• 6.2 Third-party terms. You are responsible for complying with all rules and terms of Affiliate Programs (including API terms, confidentiality restrictions, reporting/export restrictions, and brand/operator rules).
• 6.3 Data accuracy and delays. Affiliate Program reporting may be delayed, corrected retroactively, incomplete, or inconsistent. You acknowledge that outputs (including benchmarks, simulations, and recommendations) depend on the data received and may not reflect finalised reporting.
• 6.4 No guarantee of completeness. We do not guarantee that all Affiliate Programs can be integrated or that integrations will remain available.

7) User Data, Aggregated Data, Benchmarks, and Privacy

• 7.1 Privacy Policy. Our collection and use of personal data (if any) is described in our Privacy Policy: https://www.roigambler.com/privacy-policy
• 7.2 Your raw data stays private to your Account. We do not sell or publish your raw, account-level User Data as "yours" to other users.
• 7.3 Aggregated/anonymised benchmarking. You agree that we may process User Data to create Aggregated Data and Benchmarks to operate, improve, and provide the Service, including network-wide insights and recommendations, provided such outputs are intended not to identify you as an individual user.
• 7.4 No perfect anonymisation. While we implement reasonable measures to reduce re-identification risk, you acknowledge that no method of anonymisation is perfect in all cases.
• 7.5 Data retention and export window after cancellation. After cancellation/termination, we may maintain access to your Account for a limited period to allow export. You have 30 days from the effective cancellation date to export your User Data (where export functionality is available). After that 30-day period, we may delete or permanently de-identify your User Data, subject to backups, legal obligations, security needs, and our Privacy Policy. Aggregated Data and Benchmarks may be retained indefinitely because they are not tied to your identity.

8) AI Features (AI Copilot) and Automated Outputs

• 8.1 AI limitations. AI-generated outputs may be inaccurate, incomplete, or unsuitable for your specific situation. You must independently verify outputs before acting on them.
• 8.2 No reliance for high-stakes decisions. You agree not to rely solely on AI outputs for decisions with legal, compliance, financial, or materially significant business impact.
• 8.3 Your inputs. You represent that you have the right to submit any inputs you provide to AI features, and that you will not submit third-party confidential information in violation of any agreement.

9) Marketplace Deals, Promos, and Third Parties

• 9.1 Third-party relationship. Any deals, promos, boosted CPA/RevShare terms, or similar offers displayed through the Service are provided by third parties. Any contract you enter into regarding such offers is between you and the third party.
• 9.2 No guarantee. We do not guarantee acceptance into any Affiliate Program, deal availability, conversion performance, payout timing, payout methods, or tracking accuracy.
• 9.3 Potential compensation. We may receive fees/commissions or other benefits from third parties for introductions, listings, or promotions. You are responsible for evaluating offers independently.

10) Community, Content, and Moderation

• 10.1 User Content. You are responsible for Content you post or share through the Service.
• 10.2 Licence to host. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, display, reproduce, and process your Content solely for operating and improving the Service.
• 10.3 Prohibited content and conduct. You may not use the Service to promote unlawful activity, fraud, deception, hacking, malware, or attempts to evade legal or platform restrictions. You may not encourage targeting minors or vulnerable groups.
• 10.4 Moderation. We may remove Content, restrict features, or suspend Accounts if we reasonably believe Content or conduct violates these Terms or creates legal/compliance/security risks.

11) Acceptable Use Restrictions

You agree not to, and not to assist others to:

• (a) attempt to identify or re-identify other users from Benchmarks or other outputs;
• (b) scrape, harvest, or extract data from the Service at scale without our written permission;
• (c) reverse engineer, decompile, or attempt to discover source code, models, algorithms, or methods used to generate Benchmarks or recommendations, except where prohibited by law;
• (d) bypass security controls, rate limits, or access restrictions;
• (e) share logins outside your permitted seats, resell access, or provide the Service as a bureau/service to third parties without our written permission;
• (f) use the Service in a way that infringes third-party rights or violates Affiliate Program terms.

12) Competitions, Leaderboards, and Promotions

• 12.1 Additional rules. Promotions, competitions, and leaderboards may be governed by additional rules published for that promotion ("Promotion Rules"). If Promotion Rules conflict with these Terms, the Promotion Rules apply for that promotion.
• 12.2 Fair play and verification. We may disqualify participants for suspected fraud, manipulation, fake/incentivised traffic in violation of Affiliate Program rules, multi-accounting, or other unfair conduct, in our reasonable discretion.
• 12.3 Taxes and costs. Winners are responsible for any taxes, reporting, or costs related to prizes (if any).

13) Fees, Billing, Auto-Renewal, and No Refunds

• 13.1 Fees and plans. Paid plans, pricing, feature limits, and billing terms are displayed at checkout or on our pricing page and may change over time.
• 13.2 Auto-renewal. Subscriptions may renew automatically unless cancelled before the renewal date.
• 13.3 No refunds. ALL FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not provide refunds or credits for partially used billing periods, unused seats, or downgrades.
• 13.4 Taxes. Prices may exclude applicable taxes (VAT/GST/sales tax) unless stated otherwise at checkout. You are responsible for applicable taxes.
• 13.5 Failed payments. We may suspend or restrict access if payment fails or if amounts become overdue.

14) Intellectual Property

• 14.1 Our IP. The Service (including software, design, dashboards, and the structure/format of Benchmarks and outputs) is owned by ROI Gambler and/or its licensors and is protected by intellectual property laws.
• 14.2 Limited licence. Subject to these Terms and payment (if applicable), we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes.
• 14.3 Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation.

15) Disclaimers

To the maximum extent permitted by law:

• 15.1 As-is / as-available. The Service is provided "as is" and "as available".
• 15.2 No warranties. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• 15.3 No guaranteed results. We do not guarantee revenue, profit, ROI, conversion rates, acceptance into programs, payout timing, or any specific outcomes.
• 15.4 Third parties. We are not responsible for third-party services, including Affiliate Programs, operators, networks, payment providers, hosting providers, and messaging platforms, or for changes they make.

16) Limitation of Liability (Including Liability Cap)

To the maximum extent permitted by law:

• 16.1 No indirect damages. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business opportunities, anticipated savings, or data, even if we have been advised of the possibility.
• 16.2 Liability cap. Our total aggregate liability for all claims arising out of or relating to the Service will not exceed:
  • (a) the total fees paid by you to us for the Service in the 12 months immediately before the event giving rise to the claim; OR
  • (b) if you paid no fees in that period, EUR 100,
  whichever is greater.
• 16.3 Basis of bargain. You acknowledge that these limitations are an essential part of the agreement and that pricing reflects this allocation of risk.
• 16.4 Statutory rights. Nothing in these Terms limits liability that cannot be limited or excluded under applicable law.

17) Indemnification

You agree to indemnify and hold harmless ROI Gambler, OmniPro LTD, and our directors, officers, employees, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to:

• (a) your use of the Service;
• (b) your User Data or Content;
• (c) your breach of these Terms;
• (d) your violation of laws, regulations, advertising rules, platform rules, or Affiliate Program terms;
• (e) your marketing practices, traffic sources, creatives, or compliance failures.

18) Suspension and Termination

• 18.1 Termination by you. You may cancel your subscription and stop using the Service at any time.
• 18.2 Suspension/termination by us. We may suspend or terminate access immediately if we reasonably believe you have violated these Terms, created legal/compliance/security risk, or engaged in fraud/abuse, or if payments are overdue.
• 18.3 Effect of termination. Upon termination, your right to access the Service ends. Data handling after termination is described in Section 7.5 and the Privacy Policy.

19) Governing Law and Jurisdiction

• 19.1 Governing law. These Terms are governed by the laws of Malta, excluding conflict of law principles.
• 19.2 Jurisdiction. The courts of Malta shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the Service, to the maximum extent permitted by law.

20) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, via the Service or by email). Continued use of the Service after the effective date of revised Terms constitutes acceptance.

21) Miscellaneous

• 21.1 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.
• 21.2 Severability. If any provision is held unenforceable, the remainder will remain in effect.
• 21.3 No waiver. A failure to enforce any provision is not a waiver.
• 21.4 Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.

22) Contact