Terms of Service

1.1 Description of Services

Dub is an open-source link attribution platform for modern marketing teams to create short links, track conversion analytics, and run affiliate programs. The Dub Services consist of two primary products: Dub Links and Dub Partners (collectively, the “Products”). The Products are accessible at dub.co and other domains and subdomains controlled by us (collectively, "the Website").

Dub Links enables Dub Clients to create and customize short links, track link performance analytics, and organize campaigns using folders or tags.

Dub Partners allows Dub Clients to build, manage, market, and grow their partner programs or referral programs, including communicating with and paying partners for their participation in such programs.

To use conversion tracking (for Dub Links and/or Dub Partners), you must integrate Dub with your own technical systems in accordance with the instructions provided on the Website. You are solely responsible for completing and maintaining this integration, which is a requirement for accessing Dub’s conversion tracking functionality. We may update or modify Dub from time to time, provided such changes do not materially diminish its core functionality for you.

1.2 Partner Programs

For clients using Dub Partners, we will allow you to provide information about Partner Programs that you offer. This can include details like what the program involves, how payments work, commission schedules, and other terms. You agree to provide only true, complete, and accurate information through the platform and to use it solely in a manner consistent with this Agreement. Any uses that are inconsistent with the Agreement are prohibited and may lead to the suspension of your access to and use of the Dub Services. All Partners must create user accounts and accept Dub’s Partner Terms of Service to access the Dub Platform.

You can enter into a separate agreement with acceptable Partners governing their participation in your program. Dub isn't involved in these agreements and isn't responsible for them. Partners may also participate in other partner programs offered on the Dub platform by other clients.

You may terminate your relationship with a partner in accordance with your Affiliate Program Agreement or other applicable agreements, such as by providing written notice (e.g., via email). Dub is not responsible for confirming, enforcing, or acknowledging such termination, and will have no liability for any unpaid amounts or other obligations arising from your relationship with that partner.

1.3 Account Access

Client must sign up on Dub, create an account (”Client Account”), and accept Terms of Service. The Client is responsible for ensuring that all permitted users (“Permitted Users”) access Dub only through the Client’s Account and obey to this Agreement. Sharing the Client Account with any other person is prohibited. The Client is solely responsible for maintaining the confidentiality of all login credentials associated with the Client Account and for all activities that occur under the account, whether authorized or not. Client must notify Dub immediately of any actual or suspected unauthorized use of Dub. Dub reserves the right to suspend, deactivate, or replace the Client Account if it determines the account has been, or may have been, used for an unauthorized purpose.

1.4 Usage Overages

Dub enforces usage limits for each plan and enterprise contract. If the Client exceeds its applicable usage limits and does not agree to pay the associated overage fees or upgrade to an appropriate plan, Dub reserves the right to suspend or restrict access, enforce additional limitations, or terminate the contract.

1.5 Access Suspension

We can, at any time and at our sole discretion, without limiting any of our other rights or remedies at law or in equity under this Agreement, suspend your access to or use of Dub:

• for scheduled maintenance;
• due to a Force Majeure Event;
• if you or any of your Permitted Users violates any provision of the Agreement;
• to address any emergency security concerns;
• if required by a governmental or regulatory authority or as a result of a change in applicable law.

1.5 Fair Use

You are responsible for your use of the Services and for any content that you post or transmit through the Service. You may not use the Service for any malicious purpose, including but not limited to:

• Phishing or scam websites
• Pornography or adult content
• Copyright infringement
• Redirecting to another link shortener (to mask the final destination URL)

Furthermore, while you can use our free plan for commercial purposes, excessive clicks/links usage are also considered to be a breach of our fair use policies. As such, we reserve the right to suspend or terminate your access to the Services if we determine, in our sole discretion, that you have violated these Terms of Service.

2.1 Privacy Policy

By using Dub, you agree to the terms of our Privacy Policy, which is incorporated into and forms part of this Agreement.

2.2 Shortlink Ownership

If you're using a default Dub-owned domain (e.g. dub.sh, spti.fi, git.new, chatg.pt, amzn.id, fig.page), we reserve the right to reclaim the shortlink if needed, particularly if it is necessary for brand compliance, to prevent confusion among users, or to maintain the integrity and reputation of our Services. We also forbid any username squatting or other attempts to reserve usernames for resale, and at our discretion, we may reclaim any username that we believe is being used in bad faith.

2.3 Intellectual Property Rights

You acknowledge and agree that the Services and their entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By signing up for the Services, you agree that we may use your company name and logo in our marketing materials.

You retain all ownership and intellectual property rights to your own data. During the term of this Agreement, you grant Dub the right to access, collect, use, process, store, disclose, sublicense, and transmit your data solely for the purposes of operating, providing, maintaining, and improving Dub and our related services. Any data that cannot be associated with you or your customers may also be used by Dub for support and service improvements.

Dub may compile and derive aggregated performance metrics, usage patterns, and other statistical data from users of the Services ("Usage Data"). All Usage Data is aggregated and anonymized so that it cannot be used to identify you, your customers, or any specific individual. Usage Data is not considered your data or personal data, cannot be re-identified, and will be deemed Dub's data. All Usage Data is anonymized and de-identified.

3.1 Fees for Services:

• Dub Links. Clients using Dub Links must pay a monthly or annual subscription fee.
• Dub Partners. Clients using Dub Partners must pay a monthly or annual subscription fee, plus all monthly fees related to Partner Commissions – a fixed percentage fee based on Commissions earned by Partners brought, facilitated, or referred to your program by Dub — either through the Dub Partners marketplace or direct referrals.

You agree to provide Dub with updated, accurate and complete billing information, and you hereby authorize us to automatically charge, request and collect payment (or otherwise charge, refund or take any other billing actions) from your payment method or designated banking account. You agree to provide further information in relation to any inquiries that we may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment. You also agree to provide upon request updated payment details from your credit card company or banking account (for example updated expiry date or card number as may be provided to us by your credit card company).

Failure to pay Fees when due constitutes a material breach of this Agreement and may result in suspension or termination of your access to Dub. Unless expressly stated otherwise, all Fees are payable in advance, in U.S. Dollars, and are non-cancellable and non-refundable.

The following sub-sections apply to all Clients using Dub Partners in addition to the general terms in this Agreement.

4.1 Commissions

You agree to pay Dub for all Commissions earned by Partners, which we will collect from you and remit to Partners. We will send commission payments to Partners only after we receive payment from you. Once payment is received, Dub will process all corresponding Commission payouts. Partners can view the status of their Commission payouts through their Dub dashboard.

You understand and agree that:

• Dub will not pay Commissions until it receives payment from you;
• Dub is not responsible for any late or incorrect Commission payments;
• any Commission-related issues must be resolved directly with the Partner, not with Dub.

4.2 Taxes

Each party is responsible for paying their own taxes, including sales, use, value-added, and any national, state, or local taxes on net income, capital, gross receipts, or payments, and must comply with required tax documentation and obligations. This includes customs duties and similar fees.

4.3 Billing

When using direct debit (e.g. ACH transfer) for partner payouts, any failed/declined transactions will result in $10 failure fee to cover the cost from our upstream provider. This fee will be charged directly to your card on file.

We will generate invoices showing Partner activities for the previous payout period via the Platform dashboard. If there are any discrepancies in the generated invoices, you must notify us within 7 days, or they will be deemed correct.

4.4 Payment Processing

Payment processing services for the Dub platform are provided by third-party processors including Stripe, Inc. and PayPal Holdings, Inc. (the "Payment Providers"). The default Payment Provider is Stripe, Inc.; PayPal Holdings, Inc. will be used only if Stripe is unavailable. Dub is not a party to, and bears no responsibility for, such agreements or any related issues, including payment delays. Any disputes, errors, or issues related to payment processing must be resolved directly with the applicable Payment Provider.

4.5 Non-circumvention

All payments to Partners for Partner Programs must be processed through Dub. You agree not to circumvent Dub by making direct payments to Referred Partners outside the Dub Platform. You must pay all monthly fees for Commissions earned by Referred Partners while using the Dub Platform.

Either party can terminate this Agreement if the other party becomes insolvent, fails to pay their debts, or if the other party is in material breach of this Agreement (and that breach isn’t remedied within 30 days of being notified by the other party of such breach).

Upon termination, you will have fifteen (15) days to log in and save or download your data. After this period, your account will be deactivated, and your data will no longer be accessible. Dub will retain your data for at least thirty (30) days following termination, after which we may delete it unless we are legally required to retain it for a longer period.

When the Agreement is terminated, you must immediately cease all use of the Dub Platform and destroy any confidential information in your possession, subject to applicable law. Dub will issue a final invoice for all accrued and unpaid Fees (including any applicable Commissions), which you must pay immediately.

We reserve the right to revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.

Both parties represent and warrant that they:

• have the right to enter into this Agreement and that doing so won’t violate any existing responsibilities they have to any third party;
• will comply with applicable laws when fulfilling their responsibilities under this Agreement.

Client represents and warrants that, for the duration of this Agreement, it has and shall maintain all rights, licenses, consents, and authorizations required under applicable law to provide Dub with Client Data for the purposes of operating Dub Links, Dub Partners, and any related services, as described in this Agreement and the Dub Privacy Policy.

When using Dub Partners, Client is solely responsible for ensuring that all content, links, campaigns, and Partner Program terms it provides through Dub comply with applicable laws and do not infringe or misappropriate any third party’s intellectual property or other rights.

Dub warrants that it will use commercially reasonable measures and industry-standard practices to detect, identify, and remove malicious code from the Dub Platform; implement and maintain reasonable technical and organizational measures to protect Client Data against unauthorized access, loss, or disclosure. Dub is not responsible for any malicious code, data breaches, or other security incidents caused by content, code, or data provided by Client or its Partners, or by integrations or systems outside Dub's control.

THE DUB PLATFORM, INCLUDING DUB LINKS, DUB PARTNERS, AND ALL RELATED SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, DUB MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, DUB DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA, ANALYTICS, OR REPORTS PROVIDED WILL BE ACCURATE OR RELIABLE.

FOR CLENT USING DUB PARTNERS, THE DUB PLATFORM FACILITATES CONNECTIONS BETWEEN CLIENTS AND PARTNERS BUT DOES NOT CONTROL OR ENDORSE ANY PARTNER PROGRAM, AFFILIATE PROGRAM AGREEMENT, COMMISSION TERMS, OR OTHER OFFERINGS OF ANY CLIENT OR PARTNER. ALL SUCH PARTIES ARE INDEPENDENT FROM DUB AND ARE NOT PARTNERS, AGENTS, OR EMPLOYEES OF DUB. DUB IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY ARISING FROM, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES, OR NEGLIGENCE OF ANY CLIENT, PARTNER, OR THIRD PARTY, OR FOR ANY DISPUTE OR AGREEMENT BETWEEN THEM.

“Confidential Information” means any information disclosed by one party to the other in connection with this Agreement that is designated as proprietary or confidential by the disclosing party, or should reasonably be understood to be proprietary or confidential given its nature and the circumstances of disclosure.

Each party agrees to:

• use the other party’s Confidential Information solely for the purpose of fulfilling its obligations under this Agreement;
• protect the other party’s Confidential Information with at least the same degree of care it uses to protect its own confidential information of similar importance;
• not disclose the other party’s Confidential Information to any third party except to its employees, contractors, or professional advisors who have a legitimate need to know the information and who are bound by confidentiality obligations at least as protective as those in this Agreement.

The obligations do not apply to any information that the receiving party can demonstrate has becomes publicly known through no wrongful act or omission of the receiving party; is rightfully received from a third party without restriction on disclosure; is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

The receiving party may disclose Confidential Information if required by law, regulation, or court order, provided that it (where legally permissible) gives prompt written notice to the disclosing party to allow the disclosing party to seek a protective order or other remedy. Upon termination of this Agreement, each party will, at the disclosing party's request, return or destroy all Confidential Information in its possession, subject to any retention required by applicable law.

You will defend, indemnify, and hold harmless Dub, its officers, directors, employees, agents, and affiliates ("Indemnified Parties") from and against any and all damages, liabilities, and expenses (including settlement costs and reasonable attorneys' fees) incurred by Dub arising from any third-party claims related to your breach of this Agreement or applicable law or regulation; and your negligence or willful misconduct. We will have the right to approve any counsel retained to defend against any claim in which Dub is named a defendant, and we will not unreasonably withhold this approval. We will have the right to control and participate in the defense of any such claim concerning matters that relate to us at our expense, and you will not settle any claim without our reasonable consent. If, in our reasonable judgment, a conflict exists between the interests of us and you in such a claim, we may retain our own counsel whose reasonable fees will be paid by you.

IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY – INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE – FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE, OR LOSS OF BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR ANY BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES – IN EACH CASE REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR WHETHER SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY CLIENT TO DUB UNDER THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

EXCEPTIONS. THE LIMITATION IN SECTION 7(B) WILL NOT APPLY TO: (I) ANY FAILURE OF CLIENT TO PAY ANY FEES OR PARTNER COMMISSIONS OWED TO DUB; (II) ANY BREACH OF RESTRICTIONS ON USE; OR (III) ANY BREACH OF CONFIDENTIALITY OBLIGATIONS.

12.1 Governing Law. This Agreement and related disputes will be governed by the laws of the State of California without regard to its conflicts of laws principles.

12.2 Arbitration. Both parties agree to resolve any claims relating to this Agreement only through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location both parties agree to in writing. If a party breaches its obligations under this Agreement, the non-breaching party may bring a lawsuit in the federal or state courts of San Francisco County, California solely for injunctive relief to stop the breach without first engaging in the informal dispute notice process described above. The state or federal courts sitting in San Francisco County, California shall have exclusive jurisdiction and venue over any dispute arising out of your use of the Dub Services, subject to the mandatory arbitration provisions herein, and you hereby consent to the jurisdiction of those courts.

12.3 No class actions. You may only resolve disputes related to or arising from this Agreement on an individual basis and will not bring a claim in a class, consolidated, or representative action. This waiver is an independent covenant. You have the right to opt-out and not be bound by the arbitration provisions by sending written notice of your decision to opt-out to: legal@dub.co with the subject line "ARBITRATION OPT-OUT". The notice must be sent within thirty (30) days of the date that you first accept these Terms, otherwise you shall be bound to arbitrate any disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Dub also will not be bound by them.

12.4 Notices. The parties shall provide all notices under the terms of this Agreement by email. Notices to us must be sent to legal@dub.co. Notices are deemed given when received.

12.5 Publicity. Dub may include you in any user list and use your name and trademarks for marketing and publicity on our website, in our marketing materials and press releases.

12.6 Force Majeure. Other than when it comes to Client's payment responsibilities, neither of us will be held responsible if we can't meet our obligations under this Agreement because of something beyond our control, including fires, power outages, extreme weather, labour disputes or government interventions (a "Force Majeure Event") as long as the party unable to fulfill its obligations notifies the other party promptly and gets back on track as soon as possible. If a Force Majeure Event causes a delay that lasts for 90 days without a solution, either of us may terminate the Agreement without any penalties.

12.7 No Assignment. You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

12.8 General. This Agreement supersedes any prior agreements or understandings between the parties regarding the subject matter hereunder. This Agreement constitute the entire agreement between the parties related to this subject matter. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of this Agreement will remain in full effect. A waiver of any default is not a waiver of any subsequent default. There are no third-party beneficiaries to this Agreement.

12.9 Waiver. A waiver of any part of this Agreement will only be valid if it's in writing and will only apply to the specific situation and occurrence being waived. If either party doesn't insist on strict performance of this Agreement or doesn't enforce any of its rights, it doesn't mean those rights are waived and they'll still be in effect and fully in force.

12.10 Survival. All Sections in this Agreement which are either expressed to survive or which are by implication intended to survive termination or expiration of this Agreement shall continue to survive notwithstanding termination or expiration of the Agreement.