Terms of Use
Last Updated: April 2026
Agreement to Terms
By accessing or using the website of Afference, Inc. ("Afference," "we," "us," or "our") located at afference.io (the "Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Website. Your continued use of the Website constitutes your acceptance of these Terms and any updates thereto.
Use of the Website
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.
Attempt to gain unauthorized access to any portion of the Website, or any systems or networks connected to the Website.
Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
Introduce any viruses, Trojan horses, worms, or other material that is malicious or technologically harmful.
Intellectual Property
All content, features, and functionality on the Website — including but not limited to text, graphics, logos, images, trademarks, trade names, and software — are the exclusive property of Afference or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website without the prior written consent of Afference, except for your own personal, non-commercial use.
Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AFFERENCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AFFERENCE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFFERENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE.
IN NO EVENT SHALL AFFERENCE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).
Pre-Suit Notice Requirement
Before initiating any legal proceeding or arbitration against Afference, you agree to first send a written notice of your claim ("Notice") to Afference at the contact information provided below. The Notice must describe the nature of your claim and the specific relief sought. If we are unable to resolve the claim within sixty (60) days after receipt of the Notice, either party may then proceed in accordance with the Arbitration Agreement below.
Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
You and Afference agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any aspect of the relationship between you and Afference shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall take place in the State of Colorado, unless the parties mutually agree otherwise or the arbitrator determines that such venue would be unreasonably burdensome, in which case the arbitrator may select an alternative venue.
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration.
Class Action and Jury Trial Waiver
YOU AND AFFERENCE 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
TO THE EXTENT PERMITTED BY LAW, YOU AND AFFERENCE EACH WAIVE THE RIGHT TO A JURY TRIAL.
Mass Arbitration
In the event that twenty-five (25) or more similar arbitration demands are filed against Afference within a sixty (60) day period, you agree that such claims shall be subject to a bellwether process. Specifically, a randomized selection of no more than ten (10) claims shall be designated as bellwether cases and shall proceed to individual arbitration. All remaining claims shall be stayed pending resolution of the bellwether cases. Following the resolution of the bellwether cases, the parties shall engage in a single mediation session to attempt to resolve the remaining claims. If any claims remain unresolved following mediation, they may then proceed to individual arbitration on a rolling basis, in batches to be determined by the parties or, if the parties cannot agree, by the AAA.
Governing Law and Venue
These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
For any claims not subject to arbitration, you and Afference agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Colorado.
Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at afference.io/privacy-policy to understand our practices regarding the collection, use, and disclosure of your personal data.
Links to Third-Party Websites
The Website may contain links to third-party websites or services that are not owned or controlled by Afference. Afference has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Afference shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party websites or services.
Modifications to the Website and Terms
Afference reserves the right to modify, suspend, or discontinue the Website (or any part thereof) at any time without notice. We also reserve the right to update or revise these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website with an updated "Last Updated" date. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of such changes.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Afference regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Contact Us
If you have any questions about these Terms, please contact us via our contact form at afference.io/contact.
