§2 Eligibility

1. The Aklamio Services may be used by natural persons as well as legal persons. Natural persons must be at least 18 years old.

2. The Aklamio Services may be used for non-commercial purposes only. If You intend to use the Aklamio Service for commercial purposes at the time of registration with Aklamio or if You demonstrate such an intention after registration, You, by accepting these GTC, commit to inform Aklamio about this fact immediately in writing. A commercial purpose exists when you collect rewards in larger volumes with the intention of earning a regular or recurring profit. If You use or intend to use the Aklamio Service for commercial purposes Aklamio reserves the right to exclude You from the use of the Aklamio Service, to terminate the agreement with You without notice, or to authorize such commercial use on an individual case-by-case basis.

§3 Registration and Entering into Agreement

1. To use the Aklamio Services, You must register and create a Rewards Account. In order to register:

You may fill out a registration form provided by Aklamio by which you fully agree to these GTC as well as to Aklamio’s privacy policy which You can find at https://www.aklamio.com/en/privacy-policy/ which is referred to during the registration process.
In other cases Partner Companies may send the email address You have submitted with them, to Aklamio, to create a Rewards Account for You.

In both cases the Rewards Account becomes active only once you have validated it, by clicking on the a link which will be sent to you by email, by which You fully agree to these GTC as well to Aklamio’s privacy policy which You can find at https://www.aklamio.com/en/privacy-policy/

2. By registering You submit an offer to enter into a contractual relationship with Aklamio on the basis of these GTC. The agreement between You and Aklamio is concluded only with the confirmation of the registration by Aklamio by sending a confirmation email. Aklamio reserves the right to reject a registration request without giving any reason.

3.You may only register once and are obliged to provide truthful information during the registration process.

4. By registering and entering into this agreement you do not yet acquire any legal right to a Reward. Earning Rewards is subject to additional conditions as set out in these GTC.

§4 Parties and Legal Relationships

1. You and Aklamio are the sole parties to the agreement entered into by your acceptance of these GTC. Aklamio is not a representative of any Company. Therefore, when You enter into an agreement based on these GTC, no legal relationship between You and any Company is formed.

2. The purchase of goods, services or other transactions between any Company and You or other Customers which can qualify as an Incentive Event is a separate legal transaction between You or the other Customers and the Company; Aklamio is not a party to this legal transaction. Claims arising under this legal relationship can only be brought against the respective Company.

3. Aklamio has the right to enter into new agreements with Companies on the operation of Incentive Programs or to terminate existing agreements with Companies at any time.

§5 Revocation

You may revoke Your offer to enter into this agreement within 14 days without having to give any reasons. The revocation period starts on the date of this agreement and ends 14 days thereafter. To exercise Your revocation right, You must inform Aklamio, unequivocally of Your intention to revoke this agreement (e.g. by mail, fax or email).

§6 Earning Rewards

§7 Reward Expiration

Unless agreed otherwise in the respective Incentive Program, a Reward expires one year after the Incentive Event has been marked as „Confirmed” according to § 6 No. 5. Once a Reward has expired, it will no longer be possible to redeem the Reward and the Reward will be deleted in the Rewards Account.

§8 Cash Rewards

1. As soon as the amount of confirmed Cash Rewards has reached the minimum amount of 1 Euro (or 1 GBP, 1 CHF, 1 USD, as the case may be), You can request payment of Your rewards balance from Your Rewards Account. Payments are exclusively made by wire transfer to accounts at banks within the SEPA-region (“single euro payments area”) , United States of America or via the payment service PayPal as indicated in the specific Incentive Program. You may incur fees charged by PayPal or Your bank, in particular if You wish payment in a currency other than Euro, USD or the local currency of the SEPA member country where Your bank is located. Aklamio is not responsible and will not reimburse You for such fees.

2. Upon the payout of a reward by Aklamio to the bank account (or PayPal account, respectively) specified by You, You release and discharge Aklamio of and from all claims for payment with respect to the respective rewards, even if the account does not belong to You.

3. Any objections to the Cash Rewards balance of the Rewards Account must be made by You in writing or by email within six (6) weeks at the latest after receipt of the email containing the Rewards Account status. Any failure to raise an objection within such period shall be deemed an approval of the Rewards Account balance. Aklamio will point out this consequence to the User when informing him about the Rewards Account balance. You may request an adjustment of the Rewards Account balance after the six weeks period, but then must prove Your claim that a reward earned by You was not credited or not credited in full. The cancellation right of Aklamio according to §9 of these GTC remains unaffected.

4.You will be required to provide personal information in order to receive the payout of your reward. This information may include details such as, but not limited to: full name, address, nationality, bank account details etc…

5. No interest is payable on credited Cash Rewards.

§9 Reward Cancellation

1. Rewards may be canceled by Aklamio, if a payout would be unreasonable for Aklamio due to a breach of contract by the User, in particular if (i) the User violates any of his obligations under § 1, 2, 11 or 12 of these GTC, (ii) the User violates the terms of use of the Company and/or the Incentive Program, (iii) the User use the Aklamio Service to obtain rewards in an improper or fraudulent manner inconsistent with the purpose of the Aklamio Service or (iv) the Incentive Program or the payout conditions have not been met. In the case of abuse or violation of these GTC Aklamio may, in its sole discretion, retroactively cancel rewards without notice.

2.Canceled rewards are marked as “Rejected”. Additionally, Aklamio reserves the right to not issue Rewards otherwise earned if Aklamio determines in good faith that the payment of a Cash-Reward or the respective specific performance of a Non-Cash-Reward could violate applicable law, and you agree to hold Aklamio harmless in such an event.

§10 Reward Recording Errors; Reward Account Adjustments

1.You acknowledge that a small number of Incentive Events may not be properly recorded by Aklamio or Company for technical reasons, including but not limited to (i) errors during the loading of websites, (ii) the disabling of cookies in the User’s browser, (iii) the use of Adblockers, (iv) the cookie stored by Aklamio being overwritten due to the visit of other websites or (v) other technical disruptions of the Aklamio Service or the Company websites. In these cases, no Reward will be credited to the User, but the User may request an adjustment via his Rewards Account. For the avoidance of doubt, Aklamio may correct errors contained in a Rewards Account at any time.

2. You may submit reward adjustment requests through the applicable option in Your Reward Account. The request must be made within the time period specified in the respective Incentive Program, but in any event no later than within three (3) months following (i) the date of the Incentive Event or (ii) the rejection of the reward by Aklamio, as the case may be.

§11 User Content

1. Aklamio may, at its sole discretion, permit You to post, upload, publish, enter or transmit data or content, like text or photos, for public view on the Website (hereinafter referred to as “User Content”). By providing User Content on the Website, You grant Aklamio a worldwide, non-exclusive, transferable, sub-licensable and royalty-free license to use such User Content in connection with the Aklamio Service and to edit, distribute, reproduce, transmit or make publicly available such User Content. This license ends when You delete the respective User Content or Your Aklamio account.

2. You are solely responsible for User Content You provide. By providing User Content You confirm that (i) You either have the exclusive rights pertaining to the relevant User Content or that You have all rights, licenses, permits and approvals necessary to grant Aklamio the rights to use the respective User Content pursuant to § 11 No. 1; and (ii) the provision of the respective User Content on the Website is lawful, and in particular does not violate any laws or any rights of any third party. Aklamio has a policy to terminate the accounts of repeat infringers of intellectual property rights.

3. You agree not to provide any User Content that violates public morals. In particular, Your User Content must not contain pornographic, violent, discriminatory, abusive, racist or defamatory representations.

4. Aklamio has the right, but not the obligation, to remove Your User Content without prior notice, if there is sufficient indication that the public disclosure of the relevant User Content violates any laws, regulations, moral standards and/or infringes any third party rights.

§12 Obligations of the Customer

1. You may use the Aklamio Service only in accordance with applicable laws and in accordance with these GTC. In particular, You may not use the Aklamio Service for Your own advertising, other commercial offers or in the context of illegal or immoral content.

2. You may send recommendations via email, Facebook messages etc. using the Aklamio Service only to those recipients, which have expressly consented to receiving such recommendations from You. You must comply with all commercial email (“spam”) laws that are applicable to You.

3. You may not make changes to any content of the Website or other websites of Aklamio or any Company or connect the Aklamio Service with third party services, websites, or content. You may not make any changes to the referral emails sent through the Aklamio Service; You may add additional information, but only in the context of Your personal message to the recipient of the recommendation, insofar as this added information is true, appropriate and not misleading.

4. You agree not to use any illegal or unethical means in connection with Your use of the Aklamio Service, in particular not to use means in the form of misdirection, deception, threat or coercion towards the recipients of Your recommendations. Also, You may not mislead about or conceal the fact that You receive a reward for a successful referral. In some countries, including the United States, You may be legally required to disclose that You may receive a reward if the recipient of your recommendation makes a purchase which can be traced back to Your recommendation (for example by using a referral link).

5. You are prohibited to use any trademarks or other rights (see §15) of Aklamio or any Company, unless You received the permission to do so from Aklamio or the Company, respectively.

6. You may not use links generated by Aklamio in an indecent or inappropriate manner. In particular, You may not (i) copy or post or advertise such links on racist, pornographic, violent or discriminatory websites or websites harmful to minors, or (ii) make use of LayerAd, ForcedClick or similar methods.

7. You may not use links generated by Aklamio on websites of Companies or on websites that are connected to the websites of Companies.

8. You may not use the Aklamio Service in any way harmful to Aklamio or any Company. In particular, You may not use the Aklamio Service to send recommendations to Yourself or to fake successful recommendations. Any type of fraudulent behavior is expressly prohibited and Aklamio reserves all rights to protect the Aklamio Service, Website, Users, and Companies.

9. You agree to provide only accurate and up-to-date data in connection with Your registration with Aklamio (§ 3) and/or the entering of Your payment details (§ 8). Any changes to this data must be communicated to Aklamio immediately. This particularly applies to data that You provide for the purpose of receiving rewards payments (like name and surname of the account holder, account number, bank code, etc.).

10. You are obliged to maintain Your Rewards Account login data secure and to protect Your personal password from being accessed by unauthorized third parties. All actions performed while logged on under Your password are considered to be actions made by You.

11. You may only register and maintain a single Aklamio account. If You register for multiple accounts, Aklamio reserves the right to terminate all such excess accounts without notice and to cancel any credit which may have accrued on such accounts.

12. You are solely responsible for the declaration, withholding, reporting and payment of any applicable taxes that incur in connection with the use of the Aklamio Service. Aklamio has the right to provide Your account information and transaction history to authorities, if and to the extent Aklamio has a legal obligation to do so.

§13 Availability

1. Aklamio uses great efforts to ensure the continuous availability of the Aklamio Service and the Website. Server availability has a monthly average of 98%. However, Aklamio cannot guarantee unlimited availability.

2. Aklamio reserves the right to carry out maintenance work between 10:00pm and 6:00am (central European time). As a result, the availability of the Aklamio Service and the Website may be restricted or limited during that time.

§14 Limited Liability

1. In the United States and Canada the Aklamio Services are operated by Aklamio Inc.

Registered Office Address:

108 W. 13th Street, Suite 100
Wilmington, DE 19801

2. If You are a User in the United States, in no event will You be entitled to earn, nor will Aklamio have any obligation to pay, more than $600 in United States Dollar value during any calendar year.

3. In the United States You may be legally required to disclose that You may receive a reward if the recipient of your recommendation makes a purchase which can be traced back to Your recommendation (for example by using a referral link).

4. With respect to Users in the United States and only in the event §18 No. 1 is deemed unenforceable by a court of competent jurisdiction, the following terms shall apply to supplement and supersede — in the event and to the extent of any conflict — the provisions in §14:

• (i) Liability Disclaimer.

  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AKLAMIO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

• (ii) Liability Cap.

  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF AKLAMIO AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF $100, OR THE TOTAL REWARDS YOU EARNED DURING ANY PREVIOUS SIX MONTHS PERIOD, WHICHEVER IS GREATER. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH MAY INCLUDE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

• (iii) Class Action Waiver.

  YOU AND AKLAMIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Aklamio agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

• (iv) Disclaimer of Warranties

  YOUR USE OF THE AKLAMIO SERVICE, WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AKLAMIO SERVICE OR WEBSITE IS AT YOUR OWN RISK. THE AKLAMIO SERVICE, WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AKLAMIO NOR ANY PERSON ASSOCIATED WITH AKLAMIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE AKLAMIO SERVICES OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AKLAMIO NOR ANYONE ASSOCIATED WITH AKLAMIO REPRESENTS OR WARRANTS THAT THE AKLAMIO SERVICE, WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE AKLAMIO SERVICES, WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, AKLAMIO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.