Terms of Service

Effective date: January 1, 2025

Last updated: January 1, 2025

These Terms of Service ("Terms") govern your use of Linkbrand's software-as-a-service platform and related services (collectively, the "Service") provided by Linkbrand ("we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you and the organization.

2. Description of Service

Linkbrand is a SaaS platform that enables users to create, manage, and share digital business profiles with integrated features including:

Business profile creation and customization
Link management and organization
Analytics and performance tracking
Customer engagement tools
Integration with third-party services

3. Account Registration and Security

3.1 Account Creation

To use our Service, you must:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Be at least 13 years old (or the minimum age in your jurisdiction)
Have the legal capacity to enter into these Terms

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Using strong passwords and enabling two-factor authentication when available

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Uses

You agree not to:

Illegal Activities: Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
Harmful Content: Upload, post, or transmit content that is harmful, threatening, abusive, defamatory, or invasive of privacy
Intellectual Property Violations: Infringe on any intellectual property rights, including copyrights, trademarks, or patents
Spam and Abuse: Send unsolicited communications, spam, or engage in any form of abuse
System Interference: Attempt to disrupt, damage, or interfere with the Service or its security
Reverse Engineering: Attempt to reverse engineer, decompile, or disassemble the Service
Unauthorized Access: Attempt to gain unauthorized access to any part of the Service or related systems
Competitive Use: Use the Service to build competing products or services

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of all content you upload, create, or share through our Service ("Your Content"). By using our Service, you grant us a limited, non-exclusive, royalty-free license to:

Host, store, and display Your Content on our Service
Process and analyze Your Content to provide our Service
Create backups and ensure data security
Comply with legal obligations and enforce these Terms

5.2 Our Intellectual Property

We retain all rights, title, and interest in and to our Service, including all intellectual property rights. You may not:

Copy, modify, or create derivative works of our Service
Remove or alter any proprietary notices
Use our trademarks or logos without permission
Attempt to extract source code or algorithms

5.3 Third-Party Content

Our Service may include content from third parties. Such content is subject to the respective third parties' terms and conditions.

6. Subscriptions, Billing, and Payments

6.1 Subscription Plans

We offer various subscription plans with different features and limitations. Current pricing and features are available on our website.

6.2 Billing and Renewal

Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date
Billing Cycle: Fees are charged in advance on a monthly or annual basis
Price Changes: We may change prices with 30 days' notice
Payment Methods: You must provide valid payment information

6.3 Cancellation and Refunds

Cancellation: You may cancel your subscription at any time through your account settings
Effective Date: Cancellation takes effect at the end of your current billing period
Refunds: Fees are generally non-refundable, except as required by law
Data Access: You may export your data before cancellation

6.4 Failed Payments

If payment fails, we may suspend or terminate your account after providing notice and a reasonable opportunity to update payment information.

7. Service Availability and Modifications

7.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or experience outages.

7.2 Service Modifications

We may modify, update, or discontinue features of our Service with reasonable notice. We will not make changes that materially reduce functionality without notice.

8. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers and Warranties

9.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Warranties that the Service will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, reliability, or completeness of content

9.2 Third-Party Services

We do not warrant or assume responsibility for third-party services, websites, or content that may be accessible through our Service.

10. Limitation of Liability

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINKBRAND SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS OR USE
DAMAGES EXCEEDING THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM

10.2 Exceptions

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Linkbrand and its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your Content or any content you submit through the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

Violate these Terms or our Acceptable Use Policy
Engage in fraudulent or illegal activities
Fail to pay fees when due
Pose a security risk to our Service or other users

12.3 Effect of Termination

Upon termination:

Your right to use the Service ceases immediately
We may delete your account and data after a reasonable period
You remain liable for all fees incurred before termination
Certain provisions of these Terms survive termination

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before filing any legal action, you agree to:

First contact us to attempt to resolve the dispute informally
Participate in good faith in any mediation or arbitration process we offer
Provide us with reasonable time to address your concerns

13.3 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except for claims of intellectual property infringement or injunctive relief.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Linkbrand regarding the Service.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, government actions, or internet outages.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

Posting the updated Terms on our website
Sending email notifications to registered users
Displaying prominent notices in our Service

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@linkbrand.app
General Support: support@linkbrand.app
Address: Available upon request via email

17. Regional Terms

17.1 European Union

If you are in the EU, you have additional rights under EU consumer protection laws, including the right to withdraw from distance contracts within 14 days.

17.2 California

If you are a California resident, you have rights under the California Consumer Privacy Act and other applicable state laws.

17.3 Other Jurisdictions

Additional terms may apply depending on your location. Contact us for information about terms specific to your jurisdiction.