Terms & Conditions

These Terms and Conditions govern your use of by-passer.com (the "Site"). The Site is run by:

• Legal name: ÕHK Marketing Agency OÜ, a private limited company (osaühing) registered in Estonia, incorporated on 4 July 2019
• Commercial Registry code: 14755593
• Registered address: Härjapea tn 32-3, Põhja-Tallinna linnaosa, Tallinn, Harju maakond, 10320, Estonia
• Trading name: Bypasser Traffic (website by-passer.com)
• Email: bypasser4@proton.me

In these terms, "we", "us" and "our" mean ÕHK Marketing Agency OÜ. "You" means the business or person using the Site.

The Site is for business partners only: database providers, iGaming operators, brands and affiliate programs. It is not intended for consumers or players.

You must be at least 18 years old, or 19 where that is the legal age in your jurisdiction, and you must have authority to act for the business you represent.

We provide consent-based SMS traffic for the iGaming industry. We work with:

• database providers, mainly on a RevShare basis or a custom deal;
• advertisers, on a CPA, RevShare or Hybrid basis.

The Site only describes our services. Commercial terms, including rates, payouts and reporting, are set out in a separate written partner agreement. If that agreement conflicts with these terms, the partner agreement wins.

As a partner you agree to:

• supply or use only lawfully collected, consent-based data, with records of consent available on request;
• never use purchased, rented, scraped or otherwise unconsented lists;
• comply with all laws that apply to SMS, marketing and gambling, including the EU GDPR and ePrivacy rules, the Estonian Electronic Communications Act, CASL in Canada and the TCPA in the United States where relevant;
• honour opt-outs and self-exclusion requests promptly;
• promote only operators that are licensed in the target market.

You must not:

• commit or attempt fraud of any kind;
• generate fake, bot, duplicated or incentivised leads, registrations or deposits;
• use misleading offers, claims or bonus terms;
• target minors, self-excluded people or vulnerable players.

We may withhold payouts for traffic linked to prohibited activity.

We support responsible gambling. Campaigns must not present gambling as a way to solve financial problems, must include responsible gambling messaging where required, and must respect deposit limits, cooling-off periods and self-exclusion schemes in each market.

Tracking methods, payout terms, hold periods, invoicing and the handling of disputes about traffic quality or numbers are governed by the partner agreement. If no agreement covers a point, both sides will try to settle it in good faith based on the tracking data available.

Figures, statistics and calculators on the Site, including the earnings calculator, are illustrative estimates only. They are not a promise or guarantee of volume, conversion rates or earnings. Real results depend on GEO, offer, database quality and many other factors.

All content on the Site, including text, design, logos and graphics, belongs to us or our licensors. You may view it for business evaluation purposes. You may not copy, reproduce or reuse it without our written permission.

Each party will keep confidential any non-public information it receives from the other, such as rates, volumes, databases, tracking data and business plans, and will use it only for the partnership. This duty continues after the partnership ends.

The Site is provided "as is". To the extent the law allows, we are not liable for indirect or consequential losses, loss of profit, revenue, data or goodwill, or for interruptions or errors on the Site.

Nothing in these terms limits liability that cannot be limited by law, such as liability for intent or gross negligence.

You agree to compensate us for losses, fines, claims and reasonable costs arising from your breach of these terms, your breach of applicable law or your use of data without valid consent.

We may suspend or end cooperation, or block access to the Site, if we reasonably believe you have breached these terms, the partner agreement or the law. Termination of an active partnership follows the partner agreement.

We may update these terms from time to time. The "Last updated" date shows the latest version. Continued use of the Site after a change means you accept the updated terms.

These terms are governed by the laws of the Republic of Estonia. Any dispute will be settled by Harju County Court (Harju Maakohus) in Tallinn, unless mandatory law says otherwise.

Questions about these terms: bypasser4@proton.me, or by post to ÕHK Marketing Agency OÜ, Härjapea tn 32-3, Põhja-Tallinna linnaosa, Tallinn, Harju maakond, 10320, Estonia.