Terms and Conditions Affiliates Program | Dashtera

Effective: May 5, 2026.

Last Revised: May 5, 2026.

These Terms and Conditions (“Terms”) govern participation in the Dashtera Affiliate Program (“Program”) operated by LightningChart Ltd (“LightningChart,” “Dashtera,” “we,” “us,” or “our”), a Finnish company with its registered office at Tehdaskatu 24 B, 70620 Kuopio, Finland (Business ID: 2164174-7). By applying to or participating in the Program, you (“Affiliate,” “you,” or “your”) agree to be bound by these Terms. These Terms are supplementary to and should be read in conjunction with the Dashtera Terms of Service (https://dashtera.com/terms-of-service/) and Privacy Policy (https://dashtera.com/privacy-policy/), which are incorporated herein by reference. In the event of any conflict between these Terms and the Dashtera Terms of Service, these Terms shall prevail with respect to matters relating to the Program.

I. Enrollment & Eligibility

1.1 Application

Affiliates may join the Program by submitting an application through the Dashtera website’s Affiliates section. Applicants must provide accurate and complete information, including name, email address, tax residency, tax identification number (where applicable), and any additional details requested during registration. You represent and warrant that the information you provide is accurate, current, and complete, and you agree to update such information to keep it accurate, current, and complete.

1.2 Approval

LightningChart reserves the right to approve or reject any application at its sole discretion. Approval of an application does not create any obligation on the part of LightningChart beyond what is expressly set forth in these Terms. LightningChart may suspend or terminate Affiliate accounts at any time in case of violations of these Terms, as further described in Section XII.

1.3 Eligibility

To be eligible for the Program, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you are applying on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity to these Terms. You must not be located in any country or region subject to comprehensive trade sanctions or embargoes, as described in Section 14.9 of the Dashtera Terms of Service.

1.4 Self-Referral Prohibition

Affiliates may not refer themselves, their own accounts, or accounts owned or controlled by their immediate family members, household members, business partners, employees, or any related entities. Referrals to entities in which the Affiliate holds a direct or indirect ownership interest are prohibited. The Affiliate may not be the billing contact or end user of a referred account. Any commissions generated through self-referral or related-party referral will be voided, and LightningChart reserves the right to terminate the Affiliate’s participation in the Program immediately.

II. Referral Tracking & Attribution

2.1 Referral Links

Each approved Affiliate will be provided with a unique referral link (“Referral Link”) or coupon (“Coupon”). All referrals and commissionable actions are tracked through this Referral Link and LightningChart’s tracking systems. The Referral Link must not be altered, obfuscated, or combined with other tracking mechanisms without LightningChart’s prior written consent.

2.2 Attribution Model

Dashtera uses an account-creation-based attribution model. If a visitor uses and clicks an Affiliate’s Referral Link and subsequently creates a Dashtera account within the Referral Window defined in Section 2.3, a permanent customer-affiliate link is established in LightningChart’s systems. Once this link is established, all qualifying purchases made by that referred customer (including the initial subscription and subsequent renewals within the Commission Duration defined in Section 3.2) are attributed to the Affiliate, regardless of cookie status at the time of purchase.

2.3 Referral Window

The Referral Window is ninety (90) days from the date the referred user first clicks the Affiliate’s Referral Link. If the referred user does not create a Dashtera account within the Referral Window, no attribution is established and no commission is earned regardless of subsequent account creation or purchases.

2.4 Multi-Affiliate Attribution

In the event that a referred user clicks Referral Links from multiple Affiliates before creating a Dashtera account, attribution will be assigned to the Affiliate whose Referral Link was clicked last prior to account creation (last-click attribution). Attribution is determined solely by LightningChart’s tracking systems.

2.5 Technical Limitations

LightningChart is not responsible for lost referrals due to cookie restrictions, browser settings, ad blockers, privacy settings, VPN usage, the referred user’s refusal of tracking consent, or technical issues outside of LightningChart’s reasonable control. LightningChart does not guarantee the accuracy of referral tracking and shall not be liable for any discrepancies in tracking data except as provided in this Section. LightningChart’s tracking data is presumed accurate. If the Affiliate believes there is a material discrepancy in tracking or commission data, the Affiliate may submit a written dispute to LightningChart within thirty (30) days of the end of the relevant reporting period. LightningChart will investigate in good faith and provide a written response within thirty (30) days. LightningChart’s determination following such investigation shall be final.

2.6 Tracking Consent

Referral tracking may involve the use of cookies or similar technologies on the referred user’s device. Where such tracking requires the referred user’s consent under the EU ePrivacy Directive, the Finnish Act on Electronic Communications Services (Section 205), or other applicable law, LightningChart will obtain such consent through its cookie consent mechanism. If the referred user does not consent to tracking cookies, LightningChart may use server-side tracking or other privacy-compliant attribution methods where technically feasible, but does not guarantee attribution in such cases.

III. Commission Structure

3.1 Commission Rate

Affiliates earn a recurring commission of ten percent (10%) on Net Subscription Revenue generated from eligible referred customers (“Standard Rate”). “Net Subscription Revenue” means the gross amount received by LightningChart from the referred customer’s paid Dashtera subscription, excluding: (a) value-added tax (VAT), goods and services tax (GST), sales tax, and any other applicable taxes; (b) payment processor fees and transaction charges; and (c) any discounts, credits, or promotional adjustments applied to the subscription.

3.2 Commission Duration

Commissions are earned on qualifying subscription payments made by the referred customer for a period of twenty-four (24) months from the date of the referred customer’s initial qualifying purchase (“Commission Duration”). This includes the initial subscription payment and all subsequent renewal or recurring payments within the Commission Duration. After the twenty-four (24) month Commission Duration expires, no further commissions are earned from that referred customer, regardless of whether the customer’s subscription remains active.

3.3 Qualifying Transactions

Only successfully paid subscriptions qualify for commission. Non-paid actions such as account creation, trial usage, demos, free-tier usage, or any other non-revenue-generating activity do not generate commission.

3.4 No Minimum Payout Threshold

There is no minimum payout threshold. All validated commissions will be paid according to the payout schedule defined in Section V.

3.5 Annual Subscriptions

Where a referred customer purchases an annual subscription, the commission is calculated on the full annual Net Subscription Revenue and is earned at the time LightningChart receives payment. For the avoidance of doubt, a single annual payment constitutes one qualifying payment for purposes of Section 3.4. The Commission Duration defined in Section 3.2 applies from the date of the referred customer’s initial qualifying purchase; if the referred customer’s annual subscription renews within the Commission Duration, the Affiliate earns commission on the renewal payment. If the annual subscription renewal date falls after the Commission Duration has expired, no commission is earned on the renewal regardless of when the initial subscription was purchased.

3.6 Subscription Changes and Upgrades

If a referred customer upgrades from a monthly to an annual subscription, or from a lower to a higher subscription tier, within the Commission Duration, the Affiliate earns commission on the increased Net Subscription Revenue from the date of the upgrade. If a referred customer downgrades their subscription or switches from an annual to a monthly plan within the Commission Duration, the commission is recalculated based on the lower amount from the date of the change.

IV. Validation, Locking & Clawback

4.1 Validation and Locking Period

All commissions are subject to a ninety (90) day validation and locking period starting from the date LightningChart receives each qualifying payment from the referred customer (“Locking Period”). During the Locking Period, commissions remain pending and are not payable. This ensures that subscriptions are not canceled, refunded, or charged back before commissions are paid.

4.2 Voided Commissions

If a referred customer cancels their subscription, requests a refund, issues a chargeback, or fails to complete payment during the Locking Period, the related commission will be voided. If a referred customer downgrades their subscription during the Locking Period, the commission will be recalculated based on the lower subscription amount. LightningChart will notify the Affiliate of any voided or adjusted commissions through the Affiliate dashboard.

4.3 Fraud and Clawback

Notwithstanding the Locking Period, LightningChart reserves the right to void, withhold, or reclaim (clawback) commissions if LightningChart determines, in its reasonable judgment, that the Affiliate obtained attribution for a referred customer through fraudulent, deceptive, or manipulative means, or that commissions were otherwise generated in violation of these Terms. The primary risk this Section addresses is attribution fraud (conduct by which an Affiliate claims credit for customers the Affiliate did not genuinely refer). For clawbacks involving attribution fraud (including cookie stuffing, click fraud, or self-referral), LightningChart must initiate the clawback within twenty-four (24) months of the date the relevant commission was paid. For all other clawbacks (including misrepresentation or other violations of these Terms), LightningChart must initiate the clawback within twelve (12) months of the date the relevant commission was paid. LightningChart shall provide the Affiliate with written notice specifying the basis for the clawback and the amount at issue. Clawback activity includes, without limitation:

• Cookie stuffing or attribution hijacking, including injection of tracking cookies via hidden iframes, pixel images, JavaScript injection, browser extensions, or any other method that places affiliate tracking data on a user’s device without the user’s knowledge or intentional action, thereby claiming attribution for customers the Affiliate did not genuinely refer.
• Self-referral or related-party referral in violation of Section 1.4.
• Misrepresentation to referred users regarding the nature, pricing, capabilities, or availability of Dashtera, including false claims about features, guarantees, or performance that induce a referred user to subscribe.
• Click fraud, including the use of automated tools, bots, scripts, or paid click services to generate artificial clicks on Referral Links or artificial account registrations.
• Any other conduct that LightningChart reasonably determines constitutes attribution fraud or otherwise violates the spirit or intent of the Program.

LightningChart may deduct clawback amounts from future commission payments. If the Affiliate’s account has been terminated, LightningChart reserves the right to recover clawback amounts through other lawful means. The Affiliate may dispute a clawback determination by submitting a written explanation to LightningChart within fourteen (14) days of notification; LightningChart will review the dispute and provide a final determination within thirty (30) days.

V. Payouts & Payment Methods

5.1 Payout Schedule

Affiliate commissions are paid on a quarterly basis, within thirty (30) days following the end of each calendar quarter, for all commissions that have cleared the Locking Period during that quarter.

5.2 Payment Methods

Affiliates may select one of the following payout methods: Wise, Stripe, or Amazon Gift Card. LightningChart covers standard payout transaction fees for payments denominated in EUR and USD. For payments in other currencies, LightningChart will cover transaction fees up to the equivalent of the standard EUR or USD fee; any excess currency conversion costs are the Affiliate’s responsibility. LightningChart reserves the right to modify the available payment methods upon reasonable notice.

5.3 Tax Obligations

Affiliates are solely responsible for any taxes, reporting obligations, or compliance requirements applicable in their jurisdiction. LightningChart requires Affiliates to provide tax identification information (such as a VAT number, tax identification number, or equivalent documentation) before issuing any commission payments. Where the Affiliate is an EU-based business, LightningChart may verify the Affiliate’s VAT number via the EU VAT Information Exchange System (VIES). LightningChart may withhold taxes from commission payments where required by applicable law. If withholding is required and the Affiliate has not provided the necessary tax documentation, LightningChart may withhold at the maximum applicable rate. Please submit an official document that declares you will be taxed in your country of residence to the email address [email protected]. If you do not upload this document, we will deduct source tax for every payment.

5.4 VAT Treatment

Commission payments from LightningChart to Affiliates constitute consideration for marketing services. For cross-border B2B transactions, the reverse charge mechanism applies under Article 196 of the EU VAT Directive. In such cases, the Affiliate should not charge VAT on invoices to LightningChart, and the invoice should reference the reverse charge provision. The Affiliate is responsible for determining and complying with applicable VAT obligations in their jurisdiction.

5.5 Payment Information and Forfeiture

Affiliates are responsible for providing accurate and current payment information. LightningChart shall not be liable for any delays or failures in payment resulting from inaccurate or incomplete payment details provided by the Affiliate. If the Affiliate fails to complete payment setup (including provision of required tax documentation) within twelve (12) months of earning their first commission and the receipt of two reminder notices, all unpaid commissions may be forfeited.

5.6 Reporting

LightningChart will comply with all applicable tax reporting obligations, including reporting of commission payments to the Finnish Incomes Register where required by Finnish law. The Affiliate acknowledges that commission payments may be reported to relevant tax authorities in accordance with applicable law.

VI. Promotional Guidelines & Restrictions

6.1 Permitted Activities

Affiliates may promote Dashtera through content marketing, social media, email campaigns, and other ethical marketing channels. All promotional activities must comply with applicable laws and regulations, including consumer protection and advertising standards in the Affiliate’s jurisdiction and any jurisdiction in which the promotional content is distributed.

6.2 Prohibited Activities

The following practices are not permitted:

• Bidding on Dashtera-branded keywords, trademarks, or variations thereof in paid advertising platforms (e.g., Google Ads, Bing Ads, social ads), unless explicitly authorized in writing by LightningChart. This prohibition includes exact-match brand terms, misspellings, brand-plus-modifier terms (e.g., “Dashtera pricing,” “Dashtera alternative,” “Dashtera review”), and use of “Dashtera” or “LightningChart” in display URLs. Affiliates must not use cloaking, redirects, or other techniques to conceal branded keyword bidding from LightningChart.
• Misrepresenting Dashtera’s products, pricing, capabilities, or service availability, including making false claims about product features, guarantees, or performance.
• Impersonating LightningChart employees or presenting oneself as an official Dashtera representative. Affiliates may identify themselves as a “Dashtera Affiliate” but must not use the term “Partner” or “Reseller” without LightningChart’s prior written consent.
• Engaging in spam, misleading advertising, unsolicited bulk communications, or unethical promotional practices.
• Using cookie stuffing, click fraud, automated referral generation, browser extensions that override or replace tracking cookies, or any other deceptive tracking manipulation.
• Promoting Dashtera on websites or platforms that contain illegal, defamatory, obscene, or otherwise objectionable content.
• Making false or misleading claims about potential earnings from the Affiliate Program.
• Posting Dashtera promotional or discount codes on coupon aggregation websites, deal sites, or browser extensions without LightningChart’s prior written consent.

LightningChart reserves the right to withhold commissions, void pending commissions, or terminate Affiliate accounts for violations of these rules, in addition to any other remedies available under these Terms or applicable law.

6.3 Advertising Disclosure Requirements

Affiliates must comply with all applicable advertising disclosure requirements in every jurisdiction where their promotional content is distributed. Without limiting the foregoing:

• Under Finnish consumer protection law, the Affiliate must state at the beginning of any publication containing affiliate links that the content “contains advertising links” or equivalent disclosure language. Each individual affiliate link must be marked with a visible indicator (e.g., an asterisk or label). The word “Advertisement” or “Commercial cooperation” must appear alongside the Dashtera name where applicable. These requirements reflect the Finnish Consumer Ombudsman’s (KKV) guidelines on influencer marketing issued January 31, 2025.
• Under the EU Unfair Commercial Practices Directive (2005/29/EC), failure to disclose the affiliate relationship constitutes a misleading commercial practice. Affiliates must disclose the existence of the commercial relationship with LightningChart in a clear and prominent manner.
• Where the Affiliate’s promotional content is distributed in the United States, the Affiliate must comply with the Federal Trade Commission’s (FTC) Endorsement Guides, including clear and conspicuous disclosure of the material connection between the Affiliate and LightningChart.

The Affiliate acknowledges that under Finnish law, LightningChart, as the commissioning company, bears legal responsibility for ensuring that affiliate advertising is recognizable as such. Accordingly, LightningChart reserves the right to review the Affiliate’s promotional content for compliance with advertising disclosure requirements, to require modifications or removal of non-compliant content, and to suspend or terminate the Affiliate’s participation for repeated or willful non-compliance. The Affiliate agrees to cooperate with any such review and to implement required modifications promptly.

VII. Trademark License & Brand Usage

7.1 Limited License Grant

Subject to the terms of this Section VII, LightningChart grants Affiliates a limited, non-exclusive, non-transferable, revocable license to use the Dashtera name, logo, and approved marketing materials solely for the purpose of promoting Dashtera under the Program. This license constitutes the written permission referenced in Section 7.3 of the Dashtera Terms of Service and is limited to Program-related promotional activities.

7.2 Brand Guidelines

Affiliates must use LightningChart’s trademarks and branding materials in accordance with any brand guidelines provided by LightningChart, as may be updated from time to time. Affiliates shall not modify, distort, or alter any Dashtera trademarks, logos, or branding materials. Affiliates shall not use LightningChart’s trademarks in any manner that suggests endorsement, sponsorship, or affiliation beyond the Affiliate relationship, or in any manner that could disparage or damage the reputation of LightningChart or Dashtera.

7.3 Revocation

LightningChart may revoke the trademark license granted in this Section at any time, for any reason, upon written notice to the Affiliate. Upon revocation or termination of the Affiliate’s participation in the Program, the Affiliate must immediately cease all use of LightningChart’s trademarks and branding materials.

7.4 Affiliate Content

Between the Affiliate and LightningChart, the Affiliate retains ownership of original promotional content created by the Affiliate (such as reviews, articles, videos, and social media posts). However, the Affiliate grants LightningChart a non-exclusive, worldwide, royalty-free, perpetual license to reference, link to, or quote excerpts from Affiliate promotional content for LightningChart’s own marketing purposes (such as testimonials, case studies, or social media features). LightningChart will use reasonable efforts to attribute such content to the Affiliate. This license does not extend to modifying the Affiliate’s content in a manner that misrepresents the Affiliate’s views.

VIII. Intellectual Property

Except for the limited license granted in Section VII, nothing in these Terms grants the Affiliate any right, title, or interest in LightningChart’s intellectual property, including the Dashtera platform, software, technology, trademarks, trade names, service marks, or any other proprietary rights. The Affiliate acknowledges that LightningChart and its licensors own all right, title, and interest in and to the Dashtera platform and all associated intellectual property rights, as set forth in Section VII of the Dashtera Terms of Service.

IX. Confidentiality

The Affiliate acknowledges that certain information disclosed in connection with the Program, including commission rates (unless publicly listed), program structure, payout schedules, referral data, conversion metrics, non-public product information, and any other information designated as confidential by LightningChart (“Confidential Information”), is proprietary. The Affiliate shall not disclose Confidential Information to any third party without LightningChart’s prior written consent, except as required by law or as necessary for the Affiliate’s own tax and legal compliance. This obligation survives termination of the Affiliate’s participation in the Program for a period of two (2) years.

X. Data Protection & Privacy

10.1 Data Controller

For the purposes of the Program, LightningChart acts as the data controller for all personal data collected from and about Affiliates. LightningChart processes Affiliate personal data in accordance with the Dashtera Privacy Policy (https://dashtera.com/privacy-policy/) and applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and the Finnish Data Protection Act.

10.2 Data Collected

In connection with the Program, LightningChart collects and processes the following categories of Affiliate personal data: name and contact information (including email address); tax residency and tax identification information; payout method details (e.g., Wise or Stripe account information); referral tracking data (including Referral Link activity, click data, and attributed conversions); commission and payment records; and technical data such as IP address, browser type, and device information when the Affiliate accesses the Affiliate dashboard.

10.3 Legal Basis

LightningChart processes Affiliate personal data on the following legal bases: (a) contractual necessity under GDPR Article 6(1)(b), to the extent processing is necessary for the performance of these Terms, including account management, referral tracking, commission calculation, and payout processing; (b) legitimate interests under GDPR Article 6(1)(f), for program administration, fraud prevention, security, and program improvement purposes, where such interests are not overridden by the Affiliate’s data protection rights; and (c) compliance with legal obligations under GDPR Article 6(1)(c), for tax reporting and record-keeping requirements, including reporting to the Finnish Incomes Register where applicable.

10.4 Data Retention

LightningChart retains Affiliate personal data for as long as the Affiliate’s account remains active and for a reasonable period thereafter to comply with legal obligations, resolve disputes, and enforce agreements. Commission and payment records are retained for seven (7) years in accordance with Finnish tax law (Kirjanpitolaki 1336/1997). Referral tracking data is retained for the duration of the Affiliate’s participation in the Program and for twelve (12) months following termination. Upon request, Affiliates may exercise their data subject rights as described in the Dashtera Privacy Policy, including the rights of access, rectification, erasure, restriction, portability, and objection.

10.5 International Transfers

Where Affiliate personal data is transferred outside the European Economic Area (EEA), LightningChart will implement appropriate safeguards as described in the Dashtera Privacy Policy, including EU Standard Contractual Clauses (SCCs) where required. Where LightningChart uses sub-processors located outside the EEA in connection with the Program (e.g., payment processors, affiliate tracking platforms), LightningChart will ensure that appropriate transfer mechanisms are in place.

10.6 Tracking Technologies and Referred Users

The Affiliate acknowledges that LightningChart’s referral tracking system may involve the placement of cookies or similar technologies on referred users’ devices, subject to the referred user’s consent where required by applicable law. LightningChart handles consent collection and management for referred users in accordance with its Privacy Policy and applicable ePrivacy requirements. The Affiliate shall not attempt to circumvent, override, or interfere with LightningChart’s consent mechanisms or tracking systems.

XI. Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the Affiliate and LightningChart. The Affiliate is an independent contractor and has no authority to bind LightningChart in any way. The Affiliate is solely responsible for their own business expenses, insurance, and compliance with applicable laws in the conduct of their promotional activities.

XII. Program Changes & Termination

12.1 Program Changes

LightningChart reserves the right to modify, suspend, or terminate the Program or these Terms at any time. If we make material changes to these Terms (including changes to commission rates, Commission Duration, Locking Period, or Referral Window), we will provide Affiliates with at least thirty (30) days’ prior written notice via the Affiliate dashboard and/or email. Continued participation in the Program after the effective date of any changes constitutes acceptance of the modified Terms. If a change is not acceptable to the Affiliate, the Affiliate’s remedy is to terminate their participation as described in Section 12.3. Changes will not retroactively affect commissions already earned and validated prior to the effective date of the change.

12.2 Termination by LightningChart

LightningChart may terminate an Affiliate’s participation in the Program immediately upon written notice if the Affiliate breaches any provision of these Terms or engages in any activity that LightningChart reasonably determines to be fraudulent, deceptive, or harmful to the Dashtera brand or reputation. LightningChart may also terminate the Affiliate’s participation for convenience upon thirty (30) days’ written notice. In the event of termination for convenience by LightningChart, all validated and unpaid commissions earned prior to the termination date will be paid to the Affiliate in accordance with Section V. In the event of termination for cause, LightningChart may place a hold on all unpaid commissions for a period of up to ninety (90) days from the date of termination to investigate the breach and determine which commissions, if any, are attributable to the conduct giving rise to termination. Following the investigation period, LightningChart shall pay any validated commissions not reasonably related to the breach in accordance with Section V, and may permanently withhold commissions that LightningChart reasonably determines were generated through or are attributable to the conduct constituting the breach.

12.3 Termination by Affiliate

Affiliates may terminate their participation in the Program at any time by providing written notice to LightningChart. Termination is effective upon receipt of such notice. All validated and unpaid commissions earned prior to the termination date will be paid to the Affiliate in accordance with Section V.

12.4 Effect of Termination

Upon termination of participation in the Program for any reason, the Affiliate must immediately: (a) cease all promotional activities on behalf of Dashtera; (b) remove all Referral Links and Dashtera branding materials from the Affiliate’s channels, websites, and platforms; and (c) cease all use of LightningChart’s trademarks and branding materials. Commissions on qualifying payments received by LightningChart from previously attributed referred customers during the Locking Period at the time of termination will continue to be processed in the ordinary course, subject to the validation provisions of Section IV. The following Sections shall survive termination: IV.3 (Fraud and Clawback), VII.4 (Affiliate Content), VIII (Intellectual Property), IX (Confidentiality), X (Data Protection & Privacy), XIII (Limitation of Liability), XIV (Indemnification), and XV (Governing Law and Dispute Resolution).

12.5 Account Inactivity

If an Affiliate’s account has no referral activity (no clicks, no new attributed accounts, and no earned commissions) for a period of twelve (12) consecutive months, LightningChart may deactivate the Affiliate’s account and terminate participation in the Program upon thirty (30) days’ written notice. The Affiliate may reapply to the Program at any time following deactivation.

XIII. Limitation of Liability

13.1 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHTNINGCHART PROVIDES THE PROGRAM “AS IS” AND MAKES NO GUARANTEES REGARDING PERFORMANCE, TRACKING ACCURACY, CONVERSION RATES, OR REVENUE POTENTIAL. LIGHTNINGCHART DOES NOT WARRANT THAT THE AFFILIATE DASHBOARD OR TRACKING SYSTEMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TRACKING OR COMMISSION DATA.

13.2 Exclusion of Damages

To the maximum extent permitted by law, LightningChart shall not be liable to the Affiliate for any indirect, incidental, special, consequential, or punitive damages whatsoever, including lost profits, lost revenue, loss of business opportunity, or loss of anticipated commission income, arising out of or related to the Affiliate’s participation in the Program, even if LightningChart has been advised of the possibility of such damages.

13.3 Liability Cap

To the maximum extent permitted by law, LightningChart’s total cumulative liability to the Affiliate for any and all claims arising from or related to the Program or these Terms will not exceed the total amount of commissions actually paid to the Affiliate in the twelve (12) months immediately prior to the event giving rise to the claim. If no commissions have been paid, LightningChart’s total liability shall not exceed five thousand euros (€5,000).

13.4 Mandatory Rights

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded by law, including liability for death or personal injury caused by LightningChart’s negligence, or for LightningChart’s fraud or willful misconduct.

XIV. Indemnification

The Affiliate agrees to defend, indemnify, and hold harmless LightningChart, its parent company, affiliates, and their officers, directors, employees, and agents, from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Affiliate’s promotional activities, including any claims that such activities violate applicable advertising disclosure requirements, consumer protection laws, data protection laws, or third-party rights; (b) the Affiliate’s breach of these Terms; (c) the Affiliate’s violation of any applicable law or regulation; or (d) any content created by the Affiliate in connection with the Program. LightningChart will promptly notify the Affiliate of any claim for which it seeks indemnification, provided that any failure to notify only relieves the Affiliate of indemnification responsibility to the extent it prejudices the Affiliate’s ability to defend the claim.

XV. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of laws principles.

15.2 Dispute Resolution

Except for the right of either party to seek injunctive relief as set forth below, any dispute, controversy, or claim arising out of or relating to these Terms or the Program shall be finally settled by binding arbitration under the Arbitration Rules of the Finland Chamber of Commerce (FAI). The arbitration will be conducted in English in Helsinki, Finland, by a single arbitrator. The arbitrator’s award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. The parties shall share the costs of arbitration as required by the FAI rules.

15.3 Injunctive Relief

Notwithstanding the above, either party may seek urgent injunctive or equitable relief in a court of competent jurisdiction (including relief to protect intellectual property or confidential information) without first resorting to arbitration. Such action shall not waive the requirement to arbitrate the merits of the dispute.

15.4 Jurisdiction

To the extent that any lawsuit is permitted under these Terms (for example, to seek injunctive relief or if the arbitration clause is deemed unenforceable), you and LightningChart consent to the exclusive jurisdiction of the courts located in Helsinki, Finland.

XVI. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Dashtera Terms of Service, Privacy Policy, and any other legal notices published by LightningChart, constitute the entire agreement between the Affiliate and LightningChart concerning the Affiliate’s participation in the Program.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

16.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and LightningChart’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

The Affiliate may not assign these Terms or any rights or obligations hereunder without the prior written consent of LightningChart. LightningChart may assign or transfer these Terms, in whole or in part, without restriction.

16.5 Force Majeure

LightningChart shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.6 Notices

All notices and other communications under these Terms shall be in writing and shall be deemed to have been duly given when delivered by email to the addresses specified in the Affiliate’s account or to [email protected] for notices to LightningChart. Notices by LightningChart may also be delivered through the Affiliate dashboard.

XVII. Contact Us

If you have questions about these Terms or the Program, please contact us at:

Company Name: LightningChart Ltd

Business ID: 2164174-7

VAT Number: FI 21641747

Address: Tehdaskatu 24 B, 70620 Kuopio, Finland.

Email: [email protected]