Legal

Effective Date: June 3rd, 2024

Please read these Terms of Service (“Terms”) carefully before using any of our services (the “Service”). These Terms govern your use of the Service provided by Globalfy, LLC or Globalfy Business Services, LLC (“we,” “us,” or “our”).

“Plans” are a combination of services and features as described at https://globalfy.com.

  1. Acceptance of Terms

By using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Service.

  1. Description of Service

All described services are provided by Globalfy while a subscription is paid and active, and sold exclusively at https://globalfy.com, the company’s website. 

2.a Business Formation/Company Registration Service

Included in all our plans, the business formation service is provided to assist individuals or entrepreneurs in registering their own businesses. It offers comprehensive guidance and support throughout the process of forming a new company, processing the forms to register it in the state, and assisting in obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), which is essential for tax reporting and employment purposes. Such services aim to streamline the business formation process and make it hassle-free for the business owner.

All Business Formation services include:

– Company registration (LLC, Corporation) in the requested state

– Employer Identification Number (EIN) application with the Internal Revenue Service (IRS)

– Post-formation document templates: Operating Agreement or Bylaws, Minutes of First Organizational Meeting, Stock Certificate, and Stock Ledger.

Our Business Formation service already includes appointing a Registered Agent within the state of registration and using our Virtual Address on formation and tax documents. Those services are still active after the business registration is completed as long as the subscription remains with the payments in good standing and active.

Once you submit your application, all information is final and may only be changed if the business formation process has not yet started. Any change after the process has been submitted to the state, may result in additional fees.

The state fees are not included in our pricing and will be charged directly on our website at the time of hiring Business Formation services.

Globalfy is not a legal service, and no legal advice is provided. No attorney/customer relationship is formed by using any of our services.

Although we offer estimated timelines for the application process, be aware that delays may happen based on external factors, such as delays from the IRS or the state.

We will provide all documents received during the process in digital format. Physical copies will only be available upon request if they are received at our Virtual Address service. In such cases, additional fees may apply.

2.b Registered Agent Service

Included in all our plans, a Registered Agent service, also known as a statutory agent or resident agent service, is a professional or company that acts as an official point of contact for a business entity, such as a corporation or limited liability company (LLC), within a specific jurisdiction – state of registration. 

It is designated to receive important legal documents and official correspondence on behalf of the business, including legal notices, tax forms, government communications, and service of process (lawsuits). The registered agent also forwards all official mail and legal documents received on behalf of the business to the designated point of contact within the company.

All legal documents that we receive as your Registered Agent are accessible for download through Globalfy’s customer portal.

After 90 days of the receipt date, all notifications will be securely destroyed and discarded. You may request a mail forwarding service to an address inside or outside the USA, within 90 days of receiving it. Shipping costs are not included in our fees and you’re responsible for reimbursing these costs prior to the shipping date. Additionally, a handling fee of $15 will be charged for each mail forwarding request.

2.c Virtual Address Service

Included in all our plans, our Virtual Address service provides an actual street address in Orlando, Florida, regardless of your state of registration, to be used for registering a company in the state and the IRS, receiving letters, and other mail items.

When mail is received on your behalf, it will be managed and processed. Our services include scanning the envelopes and content, except for credit or debit cards, notifying the customer of incoming mail, and securely storing it. All processed mail is available to access and download in Globalfy’s customer portal.

After 90 days from the receipt date, all mail will be securely destroyed and discarded. You may request a mail forwarding service to an address inside or outside the USA within 90 days of receiving it. Shipping costs are not included in our fees, and the customer will be responsible for the reimbursement prior to the shipping date. An additional handling fee of $15 is charged per mail forwarding request, plus shipping fees.

By using our service, you acknowledge and agree that we don’t receive and process packages of any dimension and that we reserve the right to refuse any delivery that does not comply with our terms.

2.d Bookkeeping Service 

Sold exclusively as part of our “Scale” plan, bookkeeping service is the service provided to handle the financial record-keeping and accounting tasks for businesses. The primary goal of bookkeeping is to accurately record all financial transactions and maintain organized financial records, allowing companies to track their financial health, make informed decisions, and comply with tax and regulatory requirements.

The bookkeeper, a professional that provides the bookkeeping service, reconcile the company’s bank statements and record all financial transactions of a business, including sales, purchases, expenses, payments, and receipts, into the company’s financial books, such as ledgers and journals.

All bookkeeping plans include the following services:

2.d.i Accounting Method: Cash Basis or Accrual Accounting

2.d.ii Monthly Bookkeeping and Tax-Ready Reports: We will provide you with monthly tax-ready reports, including Profit and Loss and Balance Sheet statements. These reports will help you stay informed about your financial performance. You have 20 business days to review the reports and request updates or adjustments at no additional cost. Any requests made after the 20-day review period will incur an additional fee of U$60 per hour of labor.

2.d.iii Sales Tax Registration: If required, we will assist you in registering for Sales Tax in one state. Please note that additional states may be supported, subject to payment of extra fees.

2.d.iv Sales Tax Reports: We will handle the processing of monthly, quarterly, or annual Sales Tax returns for one state. Additional states may be supported with additional fees.

2.d.v Xero “Cashbook” License: As part of your plan, you will receive a Xero “Cashbook” license, which is described at https://www.xero.com/us/xero-ledger-and-cashbook/. This license enables you to access specific features that support your financial management needs.

If you require additional features beyond what the “Cashbook” license offers, you have the option to upgrade to more robust Xero plans at your own cost. Detailed information about these upgrade options can be found at https://xero.com.

2.d.vi Customer Service: Our team is available to assist you via email/tickets, Monday to Friday, 9 AM to 5 PM EST, or you can schedule online meetings/calls for more personalized support.

2.d.vii Withholding and Estimated Tax Reports: We will provide you with quarterly reports for withholding or estimated tax calculations and payments, following your approval. The applicable forms for this service are 8813, 1120ES, and 1040ES.

In addition to our regular services, we do offer catch-up services at an additional cost. These catch-up services will be provided once the scope of work is approved, and the agreed-upon price will be billed accordingly. Refunds cannot be issued after the commencement of the catch-up work

Our bookkeeping service explicitly excludes the following:

2.d.viii Processing of Accounts Receivable: We do not handle the management of accounts receivable, including tracking and processing customer payments.

2.d.vix Processing of Accounts Payable: Our service does not cover the management of accounts payable, including vendor invoices and payments.

2.d.x Processing of Payroll: Payroll processing is not included in our bookkeeping service; this task remains the responsibility of the client.

2.d.xi Additional Software Licenses: Any additional software licenses required to integrate external platforms (e.g., Amazon) with your accounting software are not provided as part of our bookkeeping service.

2.d.xii Sales Tax Calculation Software: We do not offer Taxjar or similar software for calculating Sales Tax liabilities.

2.d.xiii CPA/CFO Services: Our services do not include Certified Public Accountant (CPA) or Chief Financial Officer (CFO) signed, audited or certified financial reports. However, in the event that your tax return is selected for an audit by the IRS, we offer separate support services that can be hired on an hourly basis.

In addition to our regular services, catch-up services are also offered at an additional cost. Once the scope of work is approved, the catch-up services will be billed according to the agreed-upon price, and we cannot issue refunds after starting the development of the work.

2.d.xiii Limits

Monthly Expenses

Our “Scale” plan supports companies with up to $50,000 in monthly expenses (any transaction reported as an expense on the Profit and Loss, between the first and last day of the calendar month). For companies with over $50,000 in monthly expenses, the following monthly additional charges are automatically applied:

– From $50,00.01 to $100,000: $300/month
From $100,000.01 to $200,000: $700/month
Over $200,000: Customized Plan

State Nexus

Our “Scale” plan supports companies with Nexus (physical presence or economic activities) in one state.

All companies with Nexus in more than one state are subjected to a Custom Plan.

It is the customer’s responsibility to provide the information and documents requested by Globalfy’s team in time, to keep the company’s information organized, and to keep the team updated about changes in its operations and company structure. Failure to comply with these terms may result in termination of the service.

2.e Tax Preparation Services

Included in the “Essential” and “Scale” plans, our tax preparation service takes on the responsibility of preparing and completing tax returns on behalf of our customers. This process involves collecting all pertinent financial information and documents from your company, such as income statements, expense records, and receipts from deductible expenses. With this data, we calculate your company’s tax liability or refund.

Tax support is provided during the duration of your hired plan. However, tax preparation and filling are only accessible if both the following conditions are met 1) The company had the Essential or Scale plans active at least for 30 days before the end of the fiscal year r; 2) The Plan is still active 30 days prior to the due date of the required Tax Form. In some instances and at our discretion, we may still provide the tax preparation service even if both requirements are not fulfilled, incurring additional fees

The following forms are included in our Tax Preparation service unless specified otherwise:

– IRS Form 1120
– IRS Form 1065
IRS Form 1040NR (Only for LLCs with only 1 Member, Disregarded Entity)
Schedule C
IRS Form 5472
State Income Tax Return (1 State)

Additionally, the following forms may be availed upon additional fee and the customer’s approval:

– IRS Form 1040NR  (For LLCs with 2 or more Members, Partnership)
IRS Form 1120F (Foreign Corporation Tax Return)
IRS Form 1040 (US Resident Individual Tax Return)
IRS Form 1120-S (S-Corporation Tax Return)
Fincen114 +  Form 8938
Additional State Income Tax Return
Additional Mandatory Reports/Surveys, required by government agencies.

As part of the Tax Preparation service, customers with the “Essential” plan have one call with a tax specialist per year, while customers with the “Scale” plan have access to multiple calls a year. Each call typically lasts for about 30 minutes and serves as an opportunity to discuss tax matters related to the company. Tax support for personal matters may be provided upon additional fees.

During those calls, customers can invite up to 2 other team members from the same company to discuss the operation. The participation of third parties is prohibited unless they are lawyers or accountants with the aim of discussing issues of the company in question.

In the event that your company receives any letter from the IRS regarding forms prepared and submitted by Globalfy, the “Essential” plan includes up to 2 working hours of support for reviewing and responding to the letter, while the “Scale” plan includes up to 4 working hours per occurrence. This service is solely available while your subscription and plan remain active.

No tax return will be filed without your explicit approval and signature. This ensures that you have reviewed and agreed to the accuracy of the information presented in the tax return before it is submitted to the relevant authorities. You are responsible for the approval and signature prior to the due date, and you will be responsible for any fine or penalties applied by the IRS or any other government agency caused by the delay in providing us the approval or signing the returns.

2.f State Renewal

The State Renewal service is included in both the “Essential” and “Scale” plans. This service is designed to manage the annual or bi-annual filing requirements mandated by your state of registration, commonly known as the Annual Report or Franchise Tax.

The preparation and filing of your Annual Report or Franchise Tax are available only if your company has an active plan 30 days prior to the report’s due date. Globalfy, at its own discretion, may still provide this service even if both requirements are not met, subject to additional fees.

While our service fee for State Renewal is already included in those plans, the state fee itself is not included. Prior to the submission of your report to the state, the applicable state fee will be charged to your account separately. You are responsible for any fine or penalties applied by any other government agency caused by the delay in providing us with the approval or payment.

2.g Company Dissolution

Included in the “Essential” and “Scale” plans, the Dissolution of a company is the process of inactivating/terminating a company within a state and preparing and filling the final Business Tax Return or terminating the EIN account with the IRS.

Although the service fee is included in the plan, the state fee is not included and will be charged to your account prior to the submission to the state.

While the company is not fully dissolved, the business remains active and continues to have compliance requirements. Therefore, while the dissolution process is pending with government agencies, the subscription to the “Essential” or “Scale” plan must remain active and with the payments current. After the dissolution process is completed, your subscription with Globalfy will be canceled, and access to the Customer Portal and all other services will be removed.”

2.h Customer Portal

Included in all plans, our Customer Portal is available at https://portal.globalfy.com and provides access to important information about your account, billing, and company. Additional features, such as a Compliance Calendar, Customer Service, and Rewards may be available while you have an active plan and subscription.

  1. Service Plans and Billing

All fees, unless otherwise specified, are denoted in United States dollars (USD), and all charges will be processed in United States dollars and, by using our services, you grant us and our designated payment processor permission to charge your specified credit card, debit card, or other payment methods for these fees. Any currency exchange settlements or foreign transaction fees will be governed by the terms and conditions set by your credit card or payment method provider.

All fees listed on our website for business formation, amendments, dissolutions, and annual renewals (annual report or franchise tax) don’t include state fees. Those fees are charged in advance once they are approved by you.

Our services operate on a pay-as-you-go basis and are billed at the start of your chosen subscription term, which can be either monthly or annually. All subscriptions are automatically renewed on their anniversary. Please note that, except as required by law or otherwise indicated on the site or in the services, all fees are nonrefundable, and user payments and purchases cannot be canceled. However, we reserve the right to decline or terminate any purchase or attempted purchase at our sole discretion.

If you decide to upgrade your plan during your current subscription period and you are on an annual payment plan, any additional costs will be prorated based on the remaining term of your subscription period and then charged to your account accordingly. When upgrading from the “Starter” plan to the “Essential” or “Scale” plans, an additional onboarding fee of $200 will be charged.

On the other hand, if you are on a monthly payment plan and choose to upgrade, the new rate will apply on the next payment and the pro-rate charge will be made for the current month.

For downgrades, if you are on a monthly payment plan no refund will be given. On the other hand, for an annual payment plan, a partial pro-rated refund will be provided.

To ensure uninterrupted service, you must maintain a valid credit or debit card attached to your subscription plan, and all payment methods may be managed through our Customer Portal. If a payment transaction is denied, our billing platform will try to re-process it for up to 5 business days. If no payment is done, our services and access to your account will be suspended.

Please note that if your account becomes delinquent (with overdue invoices exceeding 5 days), any letters, requirements, or government compliance issues that arise during this period will not be handled by Globalfy. To ensure you receive the full range of services and support included in your hired plan, it is crucial to keep your account current and promptly settle any outstanding invoices.

  1. Cancellation

If you request a cancelation of your business formation application before we submit it to a state or government agency and up to 7 days after your payment, Globalfy, at its own discretion, may be able to provide a partial refund. If the request is made after its submission, no refund will be provided. If you decide to discontinue the process, additional fees to process the dissolution of your company may be applied.

If you request the cancellation of a subscription up to 7 business days after the first payment and prior to receiving the confirmation of service activation, Globalfy, at its own discretion, may be able to provide a refund.

If you or your credit card company request a refund or initiate a dispute for a legitimate transaction made by Globalfy, all services associated with that transaction will be suspended until the matter is resolved.


Upon the expiration of your subscription, your access to all our services and platforms will be terminated and restricted. This includes, but is not limited to, access to Virtual Address, Registered Agent, Bookkeeping, Tax Preparation, Customer Portal, and Customer Service.

  1. Geographic Restrictions

Globalfy is not able to provide any services to residents from Afghanistan, Belarus, Burundi, Cuba, the Central African Republic, Congo, the Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Libya, Nepal, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Syria, Yemen, or Zimbabwe.

  1. Industry Restrictions

Globalfy is focused on serving companies conducting business exclusively online or remotely, such as:

– Digital services: E.g.;Software Development, IT Consulting, Digital Marketing, and Online Platforms
– Selling online goods: E.g.; E-commerce, B2B, D2C, online retail
Investment/holding companies with owners that are not residents of the United States. 

At this time we are unable to provide services to the following industries:

– Adult entertainment
– ATM operator
Cryptocurrency or NFTs
Currency exchange
Debt collection or consolidation
Decentralized Autonomous Organization (DAO)
Direct market/telemarketing
Gaming/gambling
Money services business (MSB)
Nutraceuticals
Payday lenders
Promotion of racism or bigotry
Sales of weapons/firearms
Sale or distribution of marijuana, cannabis, or CBD products

Globalfy, at its own discretion, may approve or deny subscriptions based on additional factors.

  1. Prohibited Use

You agree not to use our services for any unlawful, fraudulent, or abusive purpose. You will not use our services to receive mail, process payments or manage companies that violate any laws, regulations, or postal rules. We reserve the right to refuse service or terminate your account if we suspect any improper or illegal activity.

  1. Age Limitation

Our site and applications are intended for use by any person who is 18 years of age or older. Minors are not permitted to use it, and we strongly request that they refrain from submitting any personal information to us.

  1. Language Limitation for Customers

Some materials available on the site, such as questionnaires, documents, instructions, and filings, are provided solely in English. Non-English translations of these Terms and other terms, conditions, and policies are offered for convenience purposes only. In the event of any discrepancy or conflict between translations, the English version holds authority and governs.

  1. Right to Decline Service.

You acknowledge that Globalfy retains the right to decline service to any individual and has the discretion to terminate user access at any time.

  1. Privacy and Security

We value your privacy and will handle your personal information in accordance with our Privacy Policy. While we take reasonable security measures, you understand that the transmission of information over the internet is not entirely secure, and we cannot guarantee the security of your data.

By using this site or our Customer Portal, you agree to take full responsibility for maintaining the confidentiality of your account and password, and for restricting access to your computer. You also accept responsibility for all activities conducted under your account or password. Transferring or assigning your account to any other individual or entity is not permitted. You acknowledge that Globalfy is not liable for any third-party access to your account resulting from theft or unauthorized use of your account.

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THIS AGREEMENT THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

  1. Confidential Information

During the course of providing services, both parties may disclose confidential information to each other. Each party agrees to keep such information confidential and not disclose it to third parties, except as required by law or with the other party’s written consent.

  1. Modifications to the Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Service after such changes will constitute your acceptance of the updated Terms.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Florida, United States of America, without regard to its conflict of laws principles.

  1. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at [email protected].

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Protecting your private information is our priority. This Statement of Privacy governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Globalfy, include https://www.globalfy.com, other website(s) or subdomains operated by us, any of our mobile applications (collectively the “Site”) and Globalfy, LLC, its subsidiaries and affiliates (“Globalfy”, “We” or “Us”).

The terms “You” or “Your” refer to You, the user(s) of the Site, regardless of whether you are a sole natural person, using the Site jointly with another person or people, or an entity.

Globalfy is a financial technology platform aiming to provide services to startups (the “Services”), though we reserve the right to change our business or the Services anytime at our sole discretion.

Collection of your Personal Information
Globalfy may collect personal information, about you, including but not limited to your:

– Full Name
– Contact information (e.g. email, address, phone number)
– Date of Birth
– Social Security Number/EIN
– Driver’s License Number
– Income and financial information
– Occupational information
– Any other information you voluntarily provide to us including but not limited to Information which you provide while registering on the Site or informing us of your preferences, etc.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use the Services available on the Site. These may include: (a) registering for an account on our Site; (b) entering information for a link sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information for payment processing by a third-party (e.g. without limitation, Stripe, etc). To wit, we will use your information for, but not limited to, communicating with you in relation to your use of the Services. We also may gather additional personal or non-personal information in the future.

Sharing Information
Globalfy may share data with trusted partners to help you use the Services, perform statistical analysis, send you email or postal mail, provide customer support, or otherwise optimize your use of the Services. We may learn more about your use of the Site and preferences using a variety of tools including but not limited to artificial intelligence and machine learning applications we may use in our sole discretion. We will make commercially reasonable efforts to ensure all third parties we associate with safeguard your personal information.

Globalfy may disclose potentially personal information and personally-identifying information to its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Globalfy’s behalf or to provide services available on the Site and (ii) that have agreed to the best our knowledge not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country or jurisdiction; by using the Site, you consent to the transfer of such information to them.

Globalfy may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Globalfy or the site; (b) protect and defend the rights or property of Globalfy; and/or (c) act under exigent circumstances to protect the personal safety of users of Globalfy, or the public.

Tracking User Behavior
Globalfy may at its sole discretion keep track of the websites and pages our users visit within Globalfy whether by desktop or mobile device, in order to determine what Globalfy services are the most popular. This data is used to deliver customized content and advertising within Globalfy to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information
Information about your computer hardware, mobile devices, and software may be automatically collected by Globalfy. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

Use of Cookies
The Globalfy website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Globalfy pages or subdomains, or register with Globalfy or use of the Services, a cookie helps Globalfy to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the Globalfy features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site or the Services.

Third-party vendors may also use cookies to serve ads based on a user’s past visits to our Site.

Web Beacons
We may also use a technology called web beacons to collect general information about your use of the Site. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our users, customers, members, and visitors.

Business Transfers
If Globalfy, undergoes a Change of Control (as defined herein) your personal information may become an asset of such a transaction. You acknowledge that such transfers may occur, and that any acquirer of Globalfy may continue to use your personal information as set forth in this policy. As used herein, Change of Control means As used herein, “Change of Control” means (i) a consolidation or merger of Globalfy with or into any other corporation or other entity or person, or any other corporate reorganization, other than any such consolidation, merger or reorganization in which the shares of capital stock of Globalfy immediately prior to such consolidation, merger or reorganization, continue to represent a majority of the voting power of the surviving entity immediately after such consolidation, merger or reorganization; (ii) any transaction or series of related transactions to which Globalfy is a party in which in excess of 50% of Globalfy’s voting power is transferred; or (iii) the sale or transfer of all or substantially all of the Globalfy’s assets, or the exclusive license of all or substantially all of Globalfy’s material intellectual property; provided that a Change of Control shall not include any transaction or series of transactions principally for bona fide equity financing purposes in which cash is received by Globalfy or any successor, indebtedness of Globalfy is cancelled, or converted or a combination thereof.

Links
The Site may contain links to other third-party sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Security of your Personal Information
Globalfy secures your personal information from unauthorized access, use, or disclosure. Globalfy uses the following methods for this purpose:

SSL Protocol
When personal information (such as name and date of birth) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Minors
If you are a minor in your jurisdiction, you may not use Site and the Services.

E-mail Communications
From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. You may opt out of such communication by contacting us.

External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.

GDPR and Designated Countries Privacy Rights
This Section only applies to Users and Customers of the Services that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Services, or we may rely on your IP address to identify which country you are located in. Where we rely only on your IP address, we cannot apply the terms of this Section to any User or Customer that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this Section conflict with other terms contained in this Policy, the terms in this Section shall apply to Users and Customers in the Designated Countries.

Globalfy is a data controller with regard to any personal information collected from customers or users of its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are “data processors” that handle your personal information in accordance with our instructions.

You may object to our processing at any time and as permitted by applicable law if we process your personal information on the legal basis of consent, contract or legitimate interests. We can continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

If we process your personal information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another “controller”, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others.

If you believe we have infringed or violated your privacy rights, please contact us via the information provided herein so that we can work to resolve your concerns. You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement.

California Consumer Privacy Act of 2019 (CCPA)
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

You have the right to request that Globalfy disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

CCPA Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and make reasonable efforts to direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Emailing us at or sending a letter to the contact information below.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Changes to this Statement
We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.

Contact Information
Globalfy welcomes your questions or comments regarding this Statement of Privacy. If you believe that Globalfy has not adhered to the protocols herein, please contact us at:

Globalfy, LLC
7345 W Sand Lake Road
Ste 210 | Orlando, FL
32819 | t. +1 (866) 428 2030
[email protected]

Last Modified: 02/15/2022

Globalfy, LLC and its affiliates (collectively “Globalfy,” “we,” or “us”) welcome you. The term “you” is to be construed broadly and shall apply to natural persons and entities (a “Company”).

By accessing or using our Services, or otherwise manifesting your assent to these Terms of Use (the “Terms” or “Agreement”), you signify that you have read, understood and agree to this Agreement and our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. If you are accessing the Site or Services on behalf of a Company, you represent and warrant that you are an authorized representative of Company with the authority to bind Company to this Agreement (an “Administrator”), and that you agree to this Agreement on Company’s behalf.

You also agree to receive all notices and other communications from us electronically. Globalfy reserves the right to make unilateral modifications to these terms and will provide notice of these changes by posting an updated version on the Site.

You acknowledge and agree that we at our sole discretion may deny, suspend, or modify any aspect of the Services, or we may suspend or modify the Site or App at any time.

  1. Access to Services
    Compliance with laws. You may only use the Services in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are solely responsible for compliance with all applicable laws and regulations in connection with your use of the Site or Services. Except with respect to access to our Site, any use of or access to the Services for consumer or non-commercial purposes by any individual who is not your employee, contractor, agent, or other individual permitted to use your Globalfy Account on your behalf (“User”) is strictly prohibited and in violation of this Agreement. Prohibitions. You may agree that you will not: (a) use the Services for any purpose that is unlawful or prohibited by this Agreement; (b) use the Services for any personal, family, household, or other use that is not related to Company’s business purpose; (c) use the Services for the benefit of an individual, organization, or country identified on the United States Office of Foreign Asset Control’s Specially designated Nationals List, (d) use the Services for any third parties unaffiliated with Company, (e) use the Services to collect any market research for a competing business, (f) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Globalfy IP, data, files, or passwords related to the Services through hacking, password or data mining, or any other means; (h) decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services; (i) circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Services; (j) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express, written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials; and (k) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
  2. Intellectual Property
    Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for use in accordance with this Agreement. Except as expressly provided in this Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. Globalfy reserves all rights not expressly granted herein in the Services and the Globalfy IP (as defined below). Globalfy may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Globalfy IP”), and all Intellectual Property Rights related thereto, are the exclusive property of Globalfy and its licensors.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Globalfy IP. Use of the Globalfy IP for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

  1. Submissions
    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
  2. Site Data and Privacy
    By using the Services, you grant Globalfy a non-exclusive, royalty-free, license during the Term to collect, use, disclose, combine, transmit, format, and display Company Information, personal information, and any other information submitted by Company through the Services (collectively, “User Content”), for the purposes provided in our Privacy Policy.

Additionally, you grant Globalfy the right to aggregate data we collect from your use of the Services (“Site Data”) and use such Site Data for our business purposes. You also acknowledge and agree that by using the Services, User Content and Site Data will be collected, used, transferred to and processed in the United States. Globalfy uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Company Information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use User Content for improper purposes. You acknowledge that you provide User Content at your own risk. 

  1. Third-Party Links and Information
    The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
  2. User Prohibitions
    As a user of the Site, you agree not to:

systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user profiles by automated means or under false pretenses;
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
engage in unauthorized framing of or linking to the Site;
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive  information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
attempt to impersonate another user or person; 
use any information obtained from the Site in order to harass, abuse, or harm another person;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
use the Site in a manner inconsistent with any applicable laws or regulations.

  1. Indemnification
    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective shareholders, members, directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Submissions; (2) use of the Site and Services; (3) breach of this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  2. No Warranty
    THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOBALFY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GLOBALFY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION PROVIDED TO YOUR THROUGH THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

GLOBALFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND GLOBALFY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLOBALFY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL GLOBALFY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBALFY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GLOBALFY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GLOBALFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Term and Termination
    This Agreement is effective when you start using our Services and continues until terminated by either you or us.

You may terminate this Agreement by paying all amounts you owe and providing notice to us; except that you will still be responsible for any charges, fees, fines, and other losses caused by your action or inaction prior to terminating this Agreement. We may terminate this Agreement, or suspend your Globalfy Account, by providing you notice.

  1. Governing Law
    This Agreement and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
  2. Arbitration
    If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in virtually or at a mutually agreed upon locations. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 2 years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  1. Class Action Waiver
    Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Globalfy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  2. Mobile Applications
    We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Agreement. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us on the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App or Site; (8) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

We make the App available through the Google Play Store or Apple App Store. The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this App license contained in these Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this App license contained in these Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App license contained in these Agreement against you as a third-party beneficiary thereof.

  1. General
    Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Globalfy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    Electronic Notification Procedures and Changes to the Agreement. You consent to us providing notices to you under this Agreement electronically and understand that this consent has the same legal effect as a physical signature. We will provide notices to you electronically through your Globalfy Account, and via text or SMS to the phone numbers provided to us by Administrators and Users. If you sign up to receive certain Globalfy notifications or information via text or SMS, you may incur additional charges from your wireless provider for these notices. You agree that you are solely responsible for any such charges. Administrators and Users may disable notification preferences to limit the use of certain Service features or to decrease financial risks to the Company. Administrators and Users are required to maintain a regularly updated web browser, and computer and mobile device operating systems to receive notices correctly. Administrators and Users will be responsible for all costs imposed by internet or mobile service providers for sending or receiving notices electronically. Contact us if you are having trouble receiving notices from us.
    Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Globalfy in connection with the Services, shall constitute the entire agreement between you and Globalfy concerning your profile and the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
    No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Globalfy’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    Compliance by Us. We may respond to and comply with any subpoenas, warrants, liens, or any other legal order we receive related to your use of the Services. We are not responsible to you for any losses you incur due to our response to such legal order. We may hold funds or provide information as required by the issuer of the legal order or take any other actions we believe are required of us under legal orders. Where permitted, we will provide you reasonable notice that we have received such an order.
    Survival. All representations and warranties by you in connection with this Agreement shall survive its termination unless expressly noted otherwise.
    This Agreement is effective as of the Last Modified date below. We may amend this Agreement from time to time (an “Amendment” or “Amendments”). Any such Amendments will be posted on the Site. By accessing the Services after we make any such Amendments to this Agreement, you are deemed to have accepted such Amendments without any further obligation due from us. Please refer back to this Agreement on a regular basis.

You may contact us at the following:

Globalfy Business Services, LLC
7345 W Sand Lake Road
Ste 210 | Orlando, FL
32819 | t. +1 (866) 428 2030
[email protected]

Last Modified: 06/03/2024

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GLOBALFY, LLC AND GLOBALFY BUSINESS SERVICES, LLC.

Please read the terms and conditions of this affiliate program agreement carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with this agreement.

BY SUBMITTING THE ONLINE APPLICATION TO JOIN OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

DEFINITIONS

As used in these terms and conditions: (i) “We”, “us”, or “our” refers to GLOBALFY, LLC AND GLOBALFY BUSINESS SERVICES, LLC and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Globalfy website located at www.globalfy.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Globalfy Affiliate Program.

AFFILIATE OBLIGATIONS

ENROLLMENT

To begin the enrollment process, you will complete and submit the online application. After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time.

We reserve the right to reject any application for any reason, however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.

WEBSITE RESTRICTIONS

Your participating website(s) may not:

  1. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
  2. Violate any law, rule or regulation.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
  4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
  5. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons.

LINKING TO OUR WEBSITE

Upon acceptance into the Program, links will be made available to you through the interface. You will be able to review the Program’s details and previously-published affiliate newsletters, download HTML code that provides for links to web pages within the our website and banner creatives, browse and get tracking codes for our coupons and deals.

Your acceptance in our program means you agree to and abide by the following.

  1. You will only use linking code we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation.
  2. We reserve the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
  3. All domains that use your affiliate link must be listed in your affiliate profile.
  4. Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
  5. You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
  6. Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain (also known as cloaking) is prohibited.

If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.

  1. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
  2. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
  3. You will not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on our website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or our website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
  4. We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in the Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
  5. You acknowledge our ownership of our licensed materials, agree that you will not do anything inconsistent with our ownership and that all of your use of the licensed materials will inure to the benefit of, and on behalf of, the Program and, if requested, agree to assist us in recording this Agreement with appropriate government authorities. You agree that nothing is this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the our title to the licensed materials or the validity of the Licensed Materials or this Agreement.

PPC GUIDELINES

  1. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-

based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network unless given written permission first from us.

  1. You may not use our trademarked terms, including any variations or misspellings as per #1 above, in sequence with any other keyword (including, but not limited to ‘Globalfy Coupons’, ‘Globalfy Discount Codes’, ‘Globalfy Promo’, etc).
  2. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
  3. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Customers must be directed to an actual page on your website.
  4. You may not bid in any manner appearing higher than us for any search term in position 1-5 in any auction style pay-per-click advertising program.
  5. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. If discovered brand bidding on PPC campaigns, you will be sent an email asking to remove the ads in question within 24 hours. If the ads are not removed within 24 hours you will be removed from the program permanently and all commissions associated with the violations will be reversed.

TRADEMARKED TERMS

The following list of trademarked terms should not be treated as an exhaustive list (but as a list of some of the prohibited terms):

Globalfy, globalfy.com, www.globalfy.com, globalfy coupon, globalfy coupon code, globalfy discount, globalfy discount code, globalfy promo, globalfy promo code, globalfy sale, globalfy sales, globalfy deal, globalfy deals

COUPON GUIDELINES

If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:

  1. You may ONLY advertise coupon codes that are provided to you through the affiliate program.
  2. Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the program.
  3. Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
  4. You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
  5. You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
  6. You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all items on the site have free setup, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
  7. Additionally, if your website ranks on the first page of any search engine for terms related to our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders.

COUPON ATTRIBUTION & AUTHENTICATION

Affiliates whose primary business is posting coupons, who are viewed by the program as being a coupon site, and/or who are tagged as a coupon affiliate in our system, may not be paid commissions for sales generated without a corresponding valid coupon code. Valid codes are defined as codes that are made available to the affiliate channel in general, through newsletters or the respective section in your affiliate interface, and directly or privately to affiliates. Coupon codes that are not real, expired, not specific (i.e. ‘up to 40% off sale items’) or are long-term, sitewide offers that do not require a code may not be considered valid codes and the affiliate will not be given commission on these orders.

SUB-AFFILIATE NETWORKS

Promoting us through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the Program adhere to our terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the Program.

Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our terms.

DOMAIN NAMES

Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited.

  OK

  www.website.com/globalfy

  Not OK

  globalfy.website.com

  www.globalfy-coupons.com

ADVERTISING & PUBLICITY

You shall not create, publish, distribute, or print any written material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:

  1. Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to our Program.
  2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of us.
  3. E-mails must first be submitted to us for approval prior to being sent or we must be sent a copy of the e-mail.

SOCIAL MEDIA

Promotion on Facebook, Twitter, Instagram, YouTube and other social media platforms is permitted following these general guidelines:

  1. You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages. For example, You may post, ‘25% off sale at Globalfy through Wednesday with code GET25’.
  2. You ARE PROHIBITED from posting your affiliate links on our Facebook, Twitter, Pinterest, etc. accounts or company pages in an attempt to turn those links into affiliate sales.
  3. You ARE PROHIBITED from running Facebook ads with our trademarked company name.
  4. You ARE PROHIBITED from creating a social media account that includes our trademark/s in the page name and/or username.

OPERATIONS OUTSIDE UNITED STATES

If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if you are conducting business in or taking orders from persons in one or more of the European Union countries.

FTC DISCLOSURE REQUIREMENTS

You shall include a disclosure statement within any and all pages, blog/posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure.

* Disclosures must be made as close as possible to the claims.

* Disclosures should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. Disclosure should be visible before the jump).

* Pop-up disclosures are prohibited.

For more information about FTC disclosure requirements, please review the FTC’s “Dot Com Disclosures” Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf ; and the FTC’s Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements

GLOBALFY RIGHTS AND OBLIGATIONS

We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.

We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the Program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

TERMINATION

  1. Either you or we may end this Agreement AT ANY TIME, with or without cause, by utilizing the respective functionality of the affiliate platform. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
  2. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
  3. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

OUR CUSTOMERS

Customers who buy products through this the Program are our customers. All of our standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time.

ORDER PROCESSING

  1. Only items that were purchased by customers who use the Program Affiliate Link from your site to our website are considered ‘direct sales’. Direct sales placed through the Program Affiliate Link on your site are reduced by items that are not completed, cancelled by customers, charged back or refunded at a later date.
  2. We reserve the right to exclude items ordered by you (using the Program Affiliate Link which would otherwise qualify for direct sales) and to not pay commissions for them, if we deem it necessary, in our sole discretion, to prevent abuse of the Program, or to reject orders that do not comply with any requirements that we periodically may establish.
  3. We will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using the Program Affiliate Link from your site to our website. A statement of activity is available to you through your affiliate interface.

PAYMENT

You will be paid using Paypal on a monthly basis unless you have less than $100 in available funds.

ACCESS TO AFFILIATE ACCOUNT INTERFACE

You will create a password so that you may enter your secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

TRANSACTION LOCK DATES

All sales will remain in a ‘sales pending period’ and will not lock until the terms set forth within the locking period parameters of our Program. All locked payments will be processed by us after the lock date.

REVERSAL & COMMUNICATION POLICY

We take pride in our low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

  1. You are not forthcoming, intentionally vague or are found to be lying.
  2. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
  3. You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
  4. If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question or terminate you from the program altogether. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.

GRANT OF LICENSES

  1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose.
  2. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Program. You agree that all uses of the Licensed Materials will be on behalf of the Program and the good will associated therewith will inure to the sole benefit of us.
  3. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
  4. Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to our Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to our domain name.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

DISCLAIMER

GLOBALFY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PROGRAM, SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL GLOBALFY’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless Globalfy, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

MISCELLANEOUS

  1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
  2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
  3. This Agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of New York without regard to the conflicts of laws and principles thereof.
  4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
  5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
  6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
  7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
  8. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

INDEPENDENT INVESTIGATION

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Google logo on the features page
Endeavor logo on features page.
Select USA logo on features page.
UCF logo on featurs page
orlando-logo

Subscribe to be part of our exclusive group and take advantage of our Hub of ContentNewsBusiness Trends

Security logo on features page.
The information offered on this site may not be considered legal advice, but information in the public domain.
ACBJ- 1989_WEB_BADGE_120145
Plataforma completa

Get our latest updates​

Receive our communications with relevant information to help you start, grow or expand your business in the US.