Terms of Service

These Terms of Service ("Terms") govern your use of the xark.io website (the "Site") operated by Cell Digital Technology Inc. ("xark.io," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms.

1. Service Description

xark.io provides outsourced affiliate program management (OPM) consulting services to consumer brands. These services include publisher recruitment, commission strategy, tracking implementation, and ongoing program management.

These Terms apply to your use of this website only. Engagement for professional services is governed separately by a signed Statement of Work (SOW) or Master Services Agreement (MSA) executed between xark.io and the client. In the event of any conflict between these Terms and a signed agreement, the signed agreement controls.

2. Use of This Website

You may use this Site for lawful purposes only. You agree not to:

• Use the Site in any way that violates applicable laws or regulations.
• Attempt to gain unauthorized access to any part of the Site or its infrastructure.
• Scrape, crawl, or systematically extract content from the Site without our prior written consent.
• Transmit any harmful, offensive, or disruptive content through any contact forms or inquiry channels.

3. Intellectual Property

All content on this Site — including text, graphics, logos, data, and code — is the property of Cell Digital Technology Inc. or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our express written permission.

You may share links to publicly available pages on this Site. Brief quotations for commentary or educational purposes are permitted with attribution to xark.io.

4. No Guarantee of Outcomes

This Site and its content (including case studies, benchmark data, and ROI calculator estimates) are provided for informational purposes only. Past performance of programs we have managed is not a guarantee of future results for any specific brand or engagement.

Services are provided "as is" to the extent described in the applicable SOW. We make no warranty, express or implied, regarding specific GMV, ROAS, publisher count, or revenue outcomes. Actual results depend on factors outside our control, including brand awareness, product quality, market conditions, and client cooperation.

5. Third-Party Links

The Site may contain links to third-party websites (including affiliate network platforms, publisher resources, and tool providers). We do not endorse and are not responsible for the content, privacy practices, or reliability of any third-party site. Accessing third-party links is at your own risk.

6. Limitation of Liability

To the fullest extent permitted by law, Cell Digital Technology Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, this Site or its content — even if we have been advised of the possibility of such damages.

Our total aggregate liability to you in connection with the Site (separate from any signed services agreement) shall not exceed $100 USD.

7. Disclaimers

The Site is provided on an "as is" and "as available" basis. We make no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

8. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

9. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be reflected in the "Last updated" date at the top of this page. Your continued use of the Site following any changes constitutes acceptance of the revised Terms.

10. Contact

For legal inquiries regarding these Terms:
Cell Digital Technology Inc.
Email: legal@xark.io