Terms of Service

These Terms of Service ("Terms") govern your access to and use of ReferralWise, ("we," "us," or "our"), including the website at referralwise.app and all related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and ReferralWise.

ReferralWise is a software platform that enables home service contractors ("Contractors") to manage referral partner programs. Contractors can invite referral partners ("Partners"), track leads and referrals, manage commission payments, and send payouts via Stripe.

Partners can submit referrals, view their referral status and commission earnings, and receive commission payments through the platform.

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that all information you provide is accurate and complete.

The Service is intended for use by businesses and professionals operating in the home services industry. Use of the Service for any illegal purpose or in violation of any applicable laws is strictly prohibited.

To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at admin@referralwise.app if you suspect unauthorized access to your account.

You may not create accounts using automated means, use false information, or create accounts on behalf of others without their permission.

ReferralWise offers both free and paid subscription plans. Paid plans are billed on a monthly basis through Stripe, our third-party payment processor.

• Free plan: Subject to usage limits including a maximum of 3 active partners and 3 visible referrals.
• Pro plan ($49/month): Includes up to 25 partners, unlimited referrals, and access to analytics.
• Business plan ($149/month): Includes all Pro features plus team members, API access, and priority support.
• Plan pricing is subject to change with 30 days' notice to existing subscribers.

All fees are non-refundable except as required by law or as explicitly stated in these Terms. If you cancel your subscription, you will retain access to paid features until the end of your current billing period.

The free plan is subject to strict usage limits as described in Section 5. We reserve the right to restrict, throttle, or terminate free accounts that exceed these limits at any time and without prior notice. Exceeding free plan limits — whether through technical means or otherwise — constitutes a violation of these Terms and may result in immediate account suspension.

Free plan accounts are provided as-is with no uptime guarantees, no priority support, and no service level commitments. Features available on the free plan may be changed, reduced, or removed at any time at our sole discretion.

ReferralWise facilitates commission payments between Contractors and Partners via Stripe Connect. By using the payout features of the Service, you agree to the following:

• Contractors are solely responsible for determining, approving, and initiating commission payments to Partners. ReferralWise provides the tools to facilitate this process but is not a party to any commission agreement between Contractors and Partners.
• ReferralWise does not hold, escrow, or guarantee any funds. All payments are processed directly through Stripe. ReferralWise is not responsible for any failure, delay, or error in payment processing caused by Stripe or any banking institution.
• A platform fee is deducted from each payout disbursed to a Partner. The rate depends on the Contractor's subscription plan: 8% + $0.50 on the Free plan, 5% + $0.50 on Pro, and 3% + $0.50 on Business. This fee covers Stripe's transfer costs and platform operational expenses. The net amount received by the Partner after the fee deduction is displayed clearly in the payout confirmation and payout history.
• ReferralWise bears no responsibility and assumes no liability if a Contractor fails, refuses, or is unable to pay a commission owed to a Partner. Any dispute regarding whether a commission is owed, the amount of a commission, or the timing of a commission payment is solely between the Contractor and the Partner. ReferralWise is not a guarantor of any commission payment.
• Once a payout is initiated through the Service, it cannot be reversed through ReferralWise. Any disputes regarding initiated payments must be resolved directly between the Contractor and Partner, or through Stripe.
• Partners must connect a valid bank account via Stripe Express onboarding to receive payouts. ReferralWise is not responsible for failed or delayed payouts resulting from incorrect, incomplete, or unverified banking information provided by the Partner.
• Contractors are solely responsible for compliance with all applicable tax laws relating to payments made to Partners, including but not limited to collecting IRS Form W-9 from Partners where required, issuing IRS Form 1099 to Partners who meet applicable reporting thresholds, and remitting any required tax withholdings. ReferralWise does not collect tax documentation on behalf of Contractors, does not issue 1099 forms, and assumes no responsibility for any tax reporting obligations or penalties arising from a Contractor's failure to comply with applicable tax law.

By joining a Contractor's referral program through ReferralWise, Partners expressly acknowledge and agree to the following:

• ReferralWise is a software platform only. It is not an employer, staffing agency, or guarantor of any commission payment.
• The obligation to pay a commission rests solely with the Contractor. ReferralWise has no obligation to pay, advance, or guarantee any commission on behalf of any Contractor.
• If a Contractor fails to pay a commission, the Partner's sole recourse is against the Contractor directly. ReferralWise cannot and will not intervene in or adjudicate commission disputes between Contractors and Partners.
• A platform fee will be deducted from each commission payout received. The rate is set by the Contractor's subscription plan (8%, 5%, or 3% + $0.50). This fee is non-negotiable and non-refundable.
• Payouts are subject to Stripe's terms of service and payout timelines, which are outside the control of ReferralWise.
• ReferralWise makes no representations regarding the quality, reliability, solvency, or conduct of any Contractor using the platform. Partners engage with Contractors at their own risk. ReferralWise is not liable for any loss, harm, or damages arising from a Partner's interaction with or reliance on any Contractor.

You retain ownership of any data, content, or information you submit to the Service ("User Content"), including referral records, client information, and partner data. By using the Service, you grant us a limited license to store, process, and display your User Content solely for the purpose of providing the Service to you.

You are solely responsible for the accuracy of your User Content and for ensuring you have the right to submit any information about third parties (such as client contact information) in compliance with applicable privacy laws.

ReferralWise respects intellectual property rights and expects users to do the same. If you believe that content accessible through the Service infringes your copyright, you may submit a written notice to admin@referralwise.app that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good faith belief the use is not authorized; (e) a statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf; and (f) your physical or electronic signature.

We will respond to valid DMCA notices in accordance with applicable law. Repeat infringers may have their accounts terminated.

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Submit false, misleading, or fraudulent referral data
• Harass, spam, or send unsolicited communications to partners or clients
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service to facilitate money laundering, fraud, or any other illegal financial activity
• Resell or sublicense access to the Service without our written consent

We reserve the right to suspend or terminate your account immediately if we determine, at our sole discretion, that you have violated these Terms.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

The Service and its original content, features, and functionality are and will remain the exclusive property of ReferralWise and its operators. Our trademarks, logo, and service name may not be used in connection with any product or service without our prior written consent.

You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

The Service integrates with third-party services including Supabase, Stripe, and Vercel. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, availability, or reliability of these third parties.

The Service may be offered in a beta, early access, or otherwise pre-release state. During this period, the Service is provided on a best-effort basis. Features may be incomplete, changed, or removed without notice. No service level agreement ("SLA") or uptime guarantee is provided. We are not liable for any loss of data, business interruption, or damages arising from your use of the Service during any beta or early access period.

Your continued use of the Service during a beta period constitutes your acknowledgment and acceptance of these limitations.

ReferralWise shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications outages, third-party service failures (including Stripe, Supabase, or Vercel), government actions, cyberattacks, or any other event outside our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, our obligations will be suspended for the duration of the event. We will use commercially reasonable efforts to resume normal operations as soon as practicable.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant that the results obtained from using the Service will be accurate or reliable.

ReferralWise does not provide legal, tax, financial, or business advice. Nothing in the Service constitutes professional advice of any kind.

REFERRALWISE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE FAILURE OF ANY CONTRACTOR TO PAY COMMISSIONS OWED TO PARTNERS. REFERRALWISE IS A TECHNOLOGY PLATFORM ONLY AND IS NOT RESPONSIBLE FOR THE CONDUCT, SOLVENCY, OR PAYMENT OBLIGATIONS OF ANY CONTRACTOR USING THE SERVICE.

REFERRALWISE EXPRESSLY DISCLAIMS ANY LIABILITY FOR A CONTRACTOR'S FAILURE TO COLLECT TAX DOCUMENTATION OR COMPLY WITH ANY TAX REPORTING OBLIGATIONS, INCLUDING BUT NOT LIMITED TO W-9 COLLECTION OR 1099 ISSUANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REFERRALWISE AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, UNPAID COMMISSIONS, OR GOODWILL — ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, REFERRALWISE SHALL NOT BE LIABLE FOR ANY UNPAID, WITHHELD, OR DISPUTED COMMISSION PAYMENTS BETWEEN CONTRACTORS AND PARTNERS. SUCH DISPUTES ARE SOLELY BETWEEN THE PARTIES INVOLVED.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless ReferralWise and its operators from and against any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy or intellectual property rights; (d) any content you submit through the Service; (e) any commission dispute between a Contractor and a Partner; or (f) your failure to comply with applicable tax laws, including any failure to collect W-9 information or issue 1099 forms.

Before filing a formal legal claim, you agree to contact us at admin@referralwise.app and attempt to resolve the dispute informally. We will attempt to resolve any dispute within 30 days of receiving your notice.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in New York, New York, unless the parties agree otherwise. The arbitrator's decision will be final and binding.

Disputes between Contractors and Partners regarding commission payments, referral eligibility, or program terms are not disputes with ReferralWise and must be resolved directly between those parties. ReferralWise will not mediate, arbitrate, or adjudicate such disputes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST REFERRALWISE OR ITS OPERATORS. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

If this class action waiver is found unenforceable for a particular claim, that claim must be severed from arbitration and brought in court, but all other claims remain subject to arbitration on an individual basis.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. To the extent any claim is not subject to arbitration, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York, and you consent to personal jurisdiction in those courts.

You may cancel your account at any time by contacting us at admin@referralwise.app. We reserve the right to suspend or terminate your access to the Service at any time for any reason, including but not limited to violation of these Terms.

Upon termination, your right to use the Service will immediately cease. We will retain your data for up to 30 days following termination, after which it may be permanently deleted without further notice. You are solely responsible for exporting any data you wish to retain prior to termination. ReferralWise is not liable for any data loss resulting from account termination or the expiration of the 30-day retention window.

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or by posting a notice on the Service. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

If you have questions about these Terms, please contact us: