These Terms and Conditions (the "Terms") govern participation in the Ohmia.AI partner program (the "Program"). Joining the Program and using the personal referral link constitute full and unconditional acceptance of these Terms. If the participant does not intend to accept them, they must not join the Program nor use the referral link.
For the purposes of these Terms: "Provider" means the entity operating Ohmia.AI, as identified above; "Partner" means the natural or legal person joining the Program; "Referred Customer" means a user who subscribes to a paid Ohmia.AI plan through the Partner's referral link; "Commission" means the compensation due to the Partner according to the applicable rates; "Maturation Period" means the period upon expiry of which the Commission becomes payable.
Enrollment in the Program is free of charge. No payment is required, nor is the purchase or maintenance of a paid Ohmia.AI plan required in order to join the Program, generate Commissions, or request their payout. The Program section remains accessible to the Partner even upon expiry, suspension, or termination of any paid plan the Partner may hold.
The Partner is assigned a personal referral link. A Commission is attributed when a Referred Customer subscribes to a paid plan through that link, according to the Provider's tracking system. The Provider recognizes two Commission levels: a first level on Customers referred directly by the Partner, and a second level on customers referred by persons in turn introduced by the Partner, at the rates indicated from time to time in the Program interface.
Each Commission is initially recorded as "maturing". A Commission becomes payable upon expiry of a Maturation Period of 30 (thirty) days from the date of recording, provided that the corresponding payment by the Referred Customer has not been subject to refund, reversal, or dispute.
Payout requests may be submitted within the time window indicated in the Program interface and are settled by bank transfer, upon the Partner providing their bank details. The Provider issues appropriate accounting documentation for the payment.
Should the payment of a Referred Customer be subject to full refund, reversal, chargeback, or a dispute resolved unfavorably to the Provider, the corresponding Commission is automatically cancelled. Where the Commission has already been paid out, the Provider is entitled to recover the relevant amount, which may be offset against matured or future Commissions due to the Partner. Customer refunds are handled according to the Provider's refund policy, available at ohmia.ai/refund.
The Partner is prohibited from engaging in fraudulent conduct or conduct otherwise liable to alter the proper functioning of the Program. In particular, the following are prohibited:
Breach of these provisions entails cancellation of the affected Commissions, potential recovery of amounts already paid out, and the Provider's right to exclude the Partner from the Program with immediate effect.
The Partner must clearly and conspicuously disclose the commercial relationship with the Provider whenever promoting Ohmia.AI, in compliance with applicable advertising and commercial communication laws, including, where applicable, the guidelines of the U.S. Federal Trade Commission (FTC) and European Union provisions on commercial practices. The Partner is not authorized to make statements, warranties, or promises on behalf of the Provider, nor to represent earnings as guaranteed.
Commissions are paid gross of any tax, levy, or contribution. The Partner is solely responsible for the correct fulfillment of tax, social security, and, where applicable, invoicing obligations arising from receiving the Commissions, under the law applicable in their country of residence or establishment. In particular:
The Provider does not provide tax advice and assumes no responsibility for obligations falling upon the Partner.
Referral tracking may involve the use of cookies or similar technologies, subject to the prior consent of the data subject and an appropriate legal basis, in compliance with Regulation (EU) 2016/679 (GDPR) and other applicable laws. Processing of Referred Customers' personal data is carried out according to the Provider's privacy policy, available on the website. The Partner undertakes not to collect or process third-party personal data in breach of applicable law.
The Provider reserves the right to modify at any time these Terms, Commission rates, the Maturation Period, payout windows, and other Program conditions, giving notice through the Program interface or other suitable means. Changes shall not have retroactive effect on Commissions already matured.
The Partner may withdraw from the Program at any time by ceasing to use the referral link. The Provider may suspend or exclude the Partner from the Program in the event of a breach of these Terms or fraudulent conduct. Commissions duly matured and not subject to reversal prior to termination remain unaffected, save as provided in Article 6.
The Program is provided "as is". The Provider does not guarantee minimum Commission volumes or continuity of the Program. To the extent permitted by applicable law, the Provider excludes all liability for indirect, incidental, or consequential damages arising from participation in the Program.
These Terms are governed by Italian law. Any dispute concerning their validity, interpretation, and performance shall be subject to the jurisdiction of the courts of the Provider's registered seat, without prejudice to mandatory consumer-protection provisions where applicable.