PLEASE READ THESE TERMS CAREFULLY. These Terms of Service ("Terms") are a legally binding agreement between you, personally or on behalf of an entity ("Customer," "you," "your"), and OutsmartPerformance OÜ, a company organized under the laws of Estonia, operating as BeyondConvert ("BeyondConvert," "Company," "we," "us," "our"), governing your access to and use of the beyondconvert.com website, our digital products, and our services (together, the "Services").
By accessing or using the Services, clicking "I agree" or similar, executing a service order, or making payment, you accept these Terms and everything incorporated by reference — including our Privacy & Cookie Policy. If you do not agree, do not use the Services.
"Digital Products" means downloadable or hosted informational products we sell or give away, including the free Master Checklist, the free Affiliate Program Playbook, and the paid Affiliate Program Management Kit. "Professional Services" means consulting and implementation work, including program audits, program setup, and ongoing program management. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
You represent and warrant that: (a) you have the legal capacity to enter into this Agreement; (b) if entering on behalf of an entity, you have authority to bind that entity; (c) your acceptance and performance will not violate any other agreement or obligation; and (d) this Agreement constitutes your valid and legally binding obligation.
We provide certain resources at no charge, including the free Master Checklist, the free Affiliate Program Playbook, consultations, and informational website content. Complimentary services are provided "as-is," with no warranties or service-level commitments, and may be modified or withdrawn at any time.
We provide consulting and implementation services including: Program Audits (from €2,500) — structural analysis of an existing affiliate program with prioritized recommendations; Program Setup (from €3,500) — implementation of a new affiliate program from strategy through launch; Ongoing Program Management (from €3,500/month) — end-to-end program operations including recruitment, optimization, compliance, payout operations, and reporting; Custom Technical Work (from €199, quoted by scope) — specialized implementations, integrations, and development; and Strategic Consulting — advisory sessions and business guidance. Stated prices are starting points; final pricing may vary with scope and program scale and is confirmed in writing before work begins.
Services are performed in accordance with industry standards and good practice, but specific commercial results cannot be guaranteed. We maintain the right to refuse service to any Customer at our sole discretion. Service capacity is intentionally limited to maintain quality. Certain services require Customer cooperation, system access, or third-party integrations, and delays attributable to the Customer extend timelines accordingly. Services are provided in English unless otherwise agreed.
Purchase or download of a Digital Product grants you a limited, non-exclusive, non-transferable license for use by a single business entity. Multi-location or multi-entity use requires additional licenses. You may not: (a) resell, redistribute, or share the products with third parties; (b) create derivative works; (c) remove proprietary notices; (d) use the products to compete with our services; or (e) share login credentials or download links. Digital Products are delivered electronically and include lifetime access; updates may be provided at our discretion, and where "lifetime updates" is stated for a product, updates to that product are included. All Digital Products remain the intellectual property of BeyondConvert; the license grants usage rights only, not ownership. We reserve the right to terminate a license for violation of these terms.
Prices are in Euros (€) unless stated otherwise and exclude any applicable taxes, which are your responsibility. Management services are billed monthly in advance and run month-to-month with no minimum term; either party may cancel with 30 days' written notice. One-time services are billed per the applicable order. Additional work beyond an agreed scope is quoted upfront, approved by you before it begins, and itemized on the invoice. Quarterly and semi-annual prepayment discounts and custom enterprise agreements may be offered at our discretion.
Digital Products: due to their digital nature, all sales are final and non-refundable once the download link or hosted access has been used. Professional Services: we do not offer refunds; month-to-month terms mean you are never locked in, and consultation services carry a satisfaction commitment. Where a purchase credit toward services is advertised (for example, kit purchases credited within 90 days), the credit applies to the first services invoice and has no cash value.
You agree to: provide accurate information and timely cooperation; maintain lawful operation of your business and marketing; hold the rights to all materials you provide to us; and use the Services in compliance with applicable law, including advertising, consumer-protection, and data-protection law applicable to your affiliate program and its markets.
All BeyondConvert methodologies, frameworks, templates, documentation, software, and website content are and remain our intellectual property or that of our licensors. Deliverables produced specifically for you under Professional Services are licensed to you for use in your business upon full payment; our underlying methods and reusable materials remain ours. You grant us a limited license to use materials you provide solely to perform the Services. We may identify you as a client in general terms unless you instruct otherwise in writing; case-study details are shared only in anonymized or approved form.
Each party will protect the other's non-public business information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and contractors under equivalent obligations, or where required by law.
The Services reference and integrate third-party platforms (for example, tracking platforms, outreach tools, and payment providers). Those platforms are governed by their own terms and pricing; we are not responsible for third-party services. Some links on our website and in our materials are affiliate/partner links: if you purchase through them we may earn a commission at no additional cost to you. Recommendations reflect our professional judgment regardless of partner status.
EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF APPLICABLE LAW REQUIRES ANY WARRANTY WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE START OF THE RELEVANT SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BEYONDCONVERT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You will indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your materials, your business or marketing practices, your breach of these Terms, or your violation of law or third-party rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you will cooperate in asserting available defenses; you agree not to settle any such matter without our prior written consent.
You warrant that neither you nor any of your executive officers, directors, or any individual or entity holding an ownership or controlling interest in you is a person with whom we are prohibited from dealing under applicable law, regulation, or executive order, including persons appearing on UK, EU, or U.S. sanctions lists. We may terminate the Services immediately if this warranty is or becomes untrue.
Except for payment obligations, neither party is liable for failure or delay caused by events beyond its reasonable control, including hosting or utility failures, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, governmental action, natural disasters, or laws and regulations that prohibit performance.
Assignment. We may assign our rights under these Terms to a third party, in which case the Terms bind and benefit that party and its successors and permitted assignees; you may not assign without our written consent. Severability. If any provision is held unenforceable, the remainder stays in effect. Entire agreement. These Terms, together with any executed service order and the policies referenced here, are the entire agreement between the parties concerning their subject matter. Waiver. Failure to enforce a provision is not a waiver of it. Changes. We may update these Terms; the updated version applies from posting on this page with a revised date, and continued use of the Services after notice of changes constitutes acceptance.
These Terms are governed by the laws of the Republic of Estonia, without regard to conflict-of-law rules. The parties will first attempt to resolve any dispute in good faith; failing that, disputes are subject to the exclusive jurisdiction of the courts of Tallinn, Estonia, unless mandatory consumer law provides otherwise.
OutsmartPerformance OÜ (BeyondConvert) · Sepapaja tn 6, Tallinn 11415, Estonia · via the contact page.