Terms of Service

1. Agreement to Terms

1.1 Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Link-Lytics ("Company," "we," "us," or "our") governing your access to and use of the Link-Lytics URL shortening, link management, QR code generation, brand management, analytics, and related services (collectively, the "Service").

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

1.2 Authority to Bind

If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, "you" and "your" refer to both you individually and the entity you represent.

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users or through prominent notice on the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Not have been previously suspended or removed from the Service

2.2 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized access or security breach
• Accept full responsibility for all activities under your account

2.3 Account Security

We strongly recommend enabling two-factor authentication (2FA) on your account. You are solely responsible for maintaining the confidentiality of your credentials and for any actions taken under your account, whether authorized by you or not.

5. DMCA and Copyright Policy

5.1 DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). Upon receipt of a valid DMCA notice, we will promptly remove or disable access to allegedly infringing content.

5.2 Filing a DMCA Notice

To file a copyright infringement notice, provide the following to our DMCA Agent:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material with sufficient detail to locate it
• Your contact information (address, phone number, email)
• A statement of good faith belief that use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

5.3 DMCA Agent

5.4 Repeat Infringers

In accordance with the DMCA, we maintain a policy of terminating accounts of users who are repeat infringers of copyright in appropriate circumstances.

6. Service Features and Limitations

6.1 Service Description

The Service may include, but is not limited to:

• URL shortening and custom link creation
• QR code generation
• Link analytics and click tracking
• Brand management and compliance tools
• A/B testing and link routing
• Mobile deep linking
• Campaign management
• API access (subject to separate API terms)

6.2 Usage Limits

Your account may be subject to usage limits based on your subscription tier, including limits on the number of links, clicks, API calls, custom domains, and other resources. Exceeding these limits may result in service restrictions or additional fees.

6.3 Service Availability

While we strive for high availability, we do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance, updates, or modifications that temporarily affect service availability. We will endeavor to provide advance notice of planned downtime when possible.

6.4 Modifications to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Service.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including its software, design, features, content, documentation, and all related intellectual property, is owned by Link-Lytics and protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove, alter, or obscure any proprietary notices
• Use our trademarks, logos, or brand elements without written permission
• Access the Service for competitive analysis or to build a competing product

7.2 Your Content

You retain ownership of the content you create through the Service (URLs, campaigns, custom aliases, etc.). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and process your content solely to provide and improve the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.

8. Payment Terms

8.1 Fees and Billing

Certain features require payment. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Fees are billed in advance on a recurring basis (monthly or annually) unless otherwise specified.

8.2 Payment Processing

Payments are processed through third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge applicable fees.

8.3 Refunds

Fees are generally non-refundable except as required by law or explicitly stated in your service agreement. If you cancel your subscription, you will retain access to paid features until the end of your current billing period.

8.4 Price Changes

We may change our fees at any time. Price changes for subscription services will take effect at the start of the next billing cycle following notice to you.

9. Termination

9.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination, your right to use the Service ceases immediately.

9.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• You violate the Acceptable Use Policy
• You engage in fraudulent or illegal activities
• You fail to pay applicable fees
• Your account poses a security risk to the Service or other users
• Required by law or legal process

9.3 Effect of Termination

Upon termination:

• All licenses granted to you under these Terms terminate
• Your links may be disabled or redirected to a termination notice
• You may request export of your data within 30 days (subject to verification)
• We may delete your data after a reasonable retention period
• Sections that by their nature should survive termination shall survive

12. Indemnification

You agree to indemnify, defend, and hold harmless Link-Lytics and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you create, share, or distribute through the Service
• Your violation of any applicable laws or regulations
• Any dispute between you and a third party relating to the Service

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at support@link-lytics.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

13.2 Arbitration Agreement

If informal resolution fails, you and Link-Lytics agree to resolve any disputes through binding individual arbitration rather than in court, except that either party may bring claims in small claims court if eligible.

13.3 Class Action Waiver

YOU AND LINK-LYTICS 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 OR REPRESENTATIVE ACTION.

13.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court for matters related to intellectual property, data security, or unauthorized access.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Link-Lytics regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, or internet disruptions.