Terms Of Service

Last Updated: 8 August 2025

Please read these terms and conditions (The “Agreement”) carefully, as they govern your access and use of the Linkty services. These terms and conditions constitute a legal and binding agreement between you and Linkty.

If you accept this Agreement or use the Linkty services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you”, “your” and “Customer” will refer and apply to that company or other legal entity.

If you have been granted access to and use of the Linkty Services by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this agreement.

In addition to this Agreement, the Customer’s use of the Linkty Services is governed by the Linkty Privacy Policy and Linkty Copyright Policy.

If you access or use the Linkty Service from a jurisdiction for which there are Jurisdiction Specific Terms, you also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these terms of service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency. You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you must obtain consent from your parent or guardian for you to use the Linkty Service and they agree to be bound by these terms of service on your behalf. YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING Linkty ACCOUNT, PURCHASING A PAID ACCOUNT, OR ACCESSING OR USING Linkty SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Linkty SERVICES.

THIS AGREEMENT GOVERNS IF A DISPUTE WILL BE RESOLVED BY ARBITRATION, AND THE CLASS ACTION SHALL NOT BE RESOLVED AS DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT DISPUTES WILL BE RESOLVED BY ARBITRATION WITH A BINDING DECISION.

1. Definition

Each of the following words or terms used in these Terms and Conditions has the following meanings below unless the word or term in its usage expressly stipulates otherwise.

1.1. “We”, means Linkty as the owner and manager of the linkty.cc site. 1.2. “You”, means any person who accesses the site and application and uses the services provided by us. 1.3. “S. id. Services”, means any and all services and information on the site and application, including but not limited to the information provided, application features and services, data support, and mobile application that we provide. 1.4. “User”, means any person who accesses and uses the goods and services provided by us, including Registered Users and Unregistered Users. 1.5. “Unregistered Users”, means any person who accesses and uses our services and has not registered. 1.6. “Registered Users”, means any persons who accesses and uses our services and has registered to our site. 1.7. “Site”, means https://linkty.cc/ or Linkty 1.8. “URL” (Uniform Resource Locators), means the location of the file or an address contained on the internet, in the form of images, sites, videos, software, or various other files stored on a special server. 1.9. “Account”, means the account that you get after registering through the site to receive services from Linkty through the site. 1.10. “Agreement”, means all the contents in these terms and conditions.

2. Support and/or Services

Linkty. (“linkty.cc”, “we” or “our”) provides, microsite, qr codes link management, and analytics products and services to its users (collectively, the “Linkty Services”).

3. Scope & Modifications

Modifications
Linkty. reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms and Conditions, we will post the modification on our site or provide you with notice of the modification on your Linkty. account details page. By continuing to access or use the Linkty services after the effective date of the modification, you are indicating that you agree to be bound by the modified agreement. The customer agrees that it is the customer’s responsibility to check this Agreement periodically for changes and that its use of the Linkty services following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Linkty services.

Scope & Current Offerings
As of the effective date Linkty offers certain Linkty Services to the customer, Linkty may add, remove, suspend, discontinue, modify or update the Linkty services at any time, at its discretion. After the effective date of such update, Linkty shall bear no obligation to run, provide or support legacy versions of the Linkty services.

Linkty Subscription Customers
If you have purchased an Linkty Subscription Plan, these terms and conditions may be supplemented or modified by a supplemental subscription agreement. The supplemental subscription agreement will regulate matters that are contrary to those terms and conditions.

Support, Uptime & Training
The training and level of customer support for the tier of Linkty Services you purchase are set forth on the Linkty services pricing page.

4. Account

Making Account
To access or use our Linkty Service, you must create an account with us. When you create this account you must provide accurate and up-to-date information. It is important that you maintain and update your details and any other information that you provide to us.

Password
You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Customized Link Name and Microsite Link Name
You may not use, as a customized link name and microsite link name, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trading name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of a particular link name, for example where another person claims that your link name appropriates their name, we will consider the circumstances reasonably and may require you to change your link name (and we may then reassign your link name). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without affecting the preceding, we do not allow 'squatting links' or 'parking links' or registering link names for reservation only without the need for or usurpation of a particular trademark name and used for resale to other parties to obtain material or indeed have criminal purposes such as spam/fraud/phishing. We may reclaim and reallocate link names we believe have been created for this purpose. You can raise any issues with us regarding the link name.

User Account Responsibility
You must not use your user account or allow it to be used in a way which may (in our opinion) cause damage to or impair the Linkty Service or our reputation, infringe or violate any third party rights, or violate any applicable laws or regulations.

5. Paid Account

Fees
Linkty offers fee-based Linkty Services that provide additional features and functionality. Pricing and services for paid accounts are described on the Linkty Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Linkty all applicable fees for the tier of Linkty Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.

Auto-renewals and Trials.
If your account is set to auto-renew or is in a trial period and you have already provided a method of payment to Linkty for the Services, Linkty will charge your payment account automatically at the end of the trial or beginning of each renewal term for the renewal term, unless you notify us that you want to cancel or disable auto-renewal before the expiration of the then-current term. You may terminate the Agreement on your account’s Account Details page, or, if you purchased your Service through an Linkty account representative by contacting your Linkty account representative. If you are on a paid account plan lasting twelve (12) months or longer, we will notify you within 7 days before your account renews, including any changes in the Fees for the plan.

Payment
Customers will pay Linkty invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes Linkty to charge Customer for all applicable Fees using Customer’s selected payment method through Linkty online payments platform. The customer will provide complete and accurate billDowngrade
Linkty has the right to reduce, suspend or terminate Customer access to one or all Linkty Services if the bill is past due or the Customer violates the terms of service.

Downgrade
Linkty has the right to reduce, suspend or terminate Customer access to one or all Linkty Services if the bill is past due or the Customer violates the terms of service.

Paid Account Position
Paid Accounts, in this case accounts or customers with accounts that have made payment for services, do not result in immunity from service provision regulations, including content, links and also information data stored on Linkty.

6. License, Metrics, And Compliance

License to Linkty Services
Subject to the terms and conditions of this Agreement and payment of all Fees due hereunder, Linkty grants Customer, and any other party agreed in an Order Form, a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use the Linkty Services solely to shorten uniform resource locators (“URL”), receive certain Linkty Link Metrics (defined in Linkty Privacy Policy) and, for Subscription Plan Customers, to utilize the other products and services defined on the applicable Order Form during the Term.

Linkty Link Metrics
As part of the provision of Linkty Services, Linkty collects and generates Linkty Link Metrics, which are described in Linkty Privacy Policy. Certain, limited Linkty Link Metrics are published on Linkty website. The customer acknowledges and agrees that all Linkty Link Metrics are owned by Linkty and that Linkty has the right to use, license, sell or otherwise dispose of Linkty Link Metrics as detailed in Linkty Privacy Policy. Linkty does not make all Linkty Link Metrics available to Customers. Customers may access, use, and copy the limited Linkty Link Metrics we make available to Customers according to the Customer’s service tier. Customers may not combine any Linkty Link Metrics with any personally identifiable information and may not sublicense, sell, syndicate, or otherwise share Linkty Link Metrics with any third party.

Access Credentials
Linkty shall provide the Customer with non-transferable access credentials for the Linkty Services. Customer shall not (i) misrepresent or mask identities when using the Linkty Services or seeking access credentials; (ii) select or use as a username or Branded Short Domain a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username or Branded Short Domain, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by Linkty. The customer shall safeguard all access credentials provided by Linkty and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Linkty Services; (2) Customer shall require its Personnel to comply with all laws and the use restrictions (including user seat restrictions) set out in the Agreement or otherwise prescribed by Linkty and shall not share access credentials to exceed the user limitations of the service tier Customer has purchased; (3) Customer represents and warrants that its Personnel has the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Linkty may update, refresh or change the manner of accessing the Linkty Services at its discretion.

Compliance Monitoring
Linkty may monitor the Customer’s use of the Linkty Services for compliance with the Agreement. If Linkty observes usage of the Linkty Services that it believes are not in compliance with the Agreement, Linkty will notify the Customer and give the Customer three (3) business days to remedy its non-compliance. If the Customer does not remedy its non-compliance within three (3) business days, Linkty reserves the right to suspend or terminate the Customer’s use of the Linkty Services. Linkty reserves the right to suspend the Customer’s use of the Linkty Services without notice in the event that it believes, in good faith, the security of the Customer’s Linkty account has been compromised, or the Customer’s Linkty account is being used for an unlawful purpose. And may suspend or terminate Customer’s access to the Services without notice for violation of the Agreement.

7. Intellectual Property & License Restrictions

Ownership
Except for any Customer Content or Customer Services, the Customer acknowledges and agrees that Linkty is the sole and exclusive owner of all rights, title, and interest in and to the Linkty Services and Linkty Link Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications, and improvements thereof (“Linkty Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Linkty Materials. Except for the limited license rights expressly granted herein, no rights to Linkty Materials are granted hereunder and all rights in such Linkty Materials are reserved.

Feedback
The customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Linkty Services or Linkty Link Metrics (“Feedback”). However, if the Customer does so, all right, title and interest in and to such Feedback shall be assigned to and shall become the sole and exclusive property of, Linkty upon its creation.

License Restrictions
The customer shall not share access credentials to exceed the user limitations of the service tier Customer has purchased. Customer and its Personnel shall not, and shall not permit any third party to: (i) access the Services or export data from the Services to create a service, software, documentation or data for a URL shortening service other than Linkty or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Linkty Services or Linkty Link Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Linkty Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Linkty Services or Linkty Link Metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Linkty Services or Linkty Link Metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the Linkty Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Linkty Services or Linkty Link Metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Linkty Services or Linkty Link Metrics. Notwithstanding anything to the contrary herein, Linkty may, in its sole discretion, immediately revoke the grant of rights set forth in Section 3 if the Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that Linkty will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.

Technical Restrictions
Customer shall not exceed the number and/or frequency of API calls, concurrent URL shortens, or other access to or use of Linkty Services in the relevant documentation or as otherwise provided by Linkty in an Order Form. If Linkty believes that Customer has attempted to exceed or circumvent these limitations, Linkty may suspend or block Customer’s access to the Linkty Services. Linkty may monitor Customer’s use of the Linkty Services, including to ensure Customer’s compliance with this Agreement.

Third Party Materials
Linkty Services may utilize third-party software or source code, including without limitation Open Source Software (“Third Party Materials”). Linkty has no control over Third Party Materials. Accordingly, Linkty is not responsible or liable for any Third Party Materials. While Linkty has no obligation to monitor Third Party Materials, Linkty may remove or modify such Third Party Materials at its discretion, including without limitation to comply with Law. The customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.

Trademarks
Linkty grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Linkty names, logos, designs, and other trademarks incorporated into the Linkty Services (“Linkty Marks”) during the Term and solely for the purposes of displaying such notice as part of the Linkty Services. The customer recognizes the validity of the Linkty Marks and Linkty ownership and title thereto. Any goodwill derived from the use of the Linkty Marks by Customer shall inure to the benefit Linkty. Customer will not challenge the Linkty Marks, or Linkty ownership and title thereto, either during or subsequent to the term of this Agreement. The customer shall execute such documents as may be reasonably requested by Linkty, or required by law, to establish Linkty sole and exclusive ownership and rights in the Linkty Marks, or to obtain registration thereof. The customer agrees to use the Linkty Marks consistent with Linkty Brand Assets it makes available at https://linkty.cc, so as to protect and maintain the Linkty Marks and Linkty rights therein. To this end, Linkty shall have the right to revoke the license granted in this Section and/or to review and approve the manner of use of the Linkty Marks, and the Customer agrees to modify the use of any Linkty Marks which do not meet Linkty standards. Notwithstanding the foregoing, Customer may not use any Linkty Marks in any manner implying any partnership with, sponsorship by, or endorsement by Linkty.

8. Customer Services, Content, And Information

Customer Services
Linkty shall have no liability for any Customer product or service accessed through or making use of the Linkty Services or any end user, customer, or Personnel’s use thereof (“Customer Service”). Customer shall not use the Linkty Services in any manner implying any partnership with, sponsorship by, or endorsement of the Customer Service by Linkty. Customer shall not suggest or imply that Linkty is the author of or otherwise responsible for the views or content of the Customer Service. The Linkty Services shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the Linkty Services could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Linkty in any manner.

Customer Content
Customer hereby grants to Linkty an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs and other information provided by Customer to Linkty (“Customer Content”) in connection with the provision, operation and promotion of the Linkty Services, creation of Linkty Link Metrics and for other business purposes. Linkty collection, use, and sharing of personal information Linkty receive from Customers or third parties (including social media networks) is described as Linkty Privacy Policy. As stated in our Privacy Policy, where permitted by law, if you register an Linkty Account with an email address on a domain owned by an organization, such as your employer, we may share your email address and information about your Account with our sales team and the business to explore the business’ interest in creating or managing an enterprise account or for related purposes.

Your right to post Content
You may post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material to/on the Page that you create using the Linkty Service (Content). You are responsible for the Content, including its legality, reliability, and appropriateness. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) needed to allow you to make available that Content on the Page and the Linkty Service.

Our License
By posting Content to the Linkty Service, you grant us the right and license to use, publicly display, and distribute such Content on and through the Linkty Service and you confirm that you have all third-party rights and licenses necessary to post that Content. You retain any and all of your rights to any Content you submit, post, or display on or through the Linkty Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Linkty Service, who may also use your Content subject to these terms of service.

Your responsibilities in posting Content
You agree that the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these terms of service; and the posting of your Content on or through the Linkty Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree that: (A) the Content will not cause you or us to breach any law, regulation, rule, code, or other legal obligation; (B) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, or in breach of privacy. In some circumstances, Content that in one country would not infringe the previous requirements could do so in another country (and we reserve the right to take whatever action we think necessary in such circumstances including removing Content or restricting access to the Linkty Service); (C) the Content will not be misleading or deceptive, be intended or designed to misinform, would be likely to misinform a reasonable person, and that you will not represent as fact something which is false; (D) the Content will not be unsolicited, undisclosed, or constitute unauthorized advertising or endorsements of any product; (E) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and (F) the Content does not solicit or promote real money gambling and gaming; (G) Content that does not display explicit body parts is considered pornography, sexual intercourse or pornographic action; And (H) The content does not and cannot bring us or the Linkty Services into disrepute.


Keeping records
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause 6 and make such records available upon our reasonable request.

Right to monitor and modify your Content
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Linkty Service. We reserve the right to modify or remove any Content at any time.

You accept the risk of public disclosure
You acknowledge and agree that all Content you provide on the Linkty Service will be publicly available information and you bear the risks involved with such public disclosures.

We can use your Content to promote the Linkty Service
We may choose to feature your Page and Content (but not your registered trademarks or personal information, unless you agree in writing) on our Website or otherwise to promote the Linkty Service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.

Your responsibility for end users
Your Page may have its own visitors and customers (End Users). The way in which the End Users use and interact with your Page and your Content (as distinct from our obligations to you in these terms of service in respect of the Linkty Service itself) is solely your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.

9. Acceptable Use

Your access to and use of the Linkty Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the Linkty Service is safe for all users and does not provide a platform for inappropriate Content or user behavior. Where there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to cooperate with that third party.

With this in mind, you must not:
(a) access or use the Linkty Service if you are not fully able and legally competent to agree to these terms of service; (b) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from or create any derivative works of the Linkty Service or any content included, including any files, tables, or documentation (or any portion of these) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Linkty Service or any derivative works of the Linkty Service (or authorize any other person to do so on your behalf); (c) distribute, license, transfer, or sell, all or any part of any of the Linkty Service or any derivative works thereof, except that you may re-sell the Linkty Service to a limited class of persons if we have expressly given consent for such activity to you in writing (and, if we do give consent, we may also include conditions to such consent, which you must comply with); (d) market, rent or lease the Linkty Service for a fee or charge, or use the Linkty Service to advertise or perform any commercial solicitation, except that you may market the Linkty Service to a limited class of persons if we have expressly given consent for such activity to you in writing; (e) use the Linkty Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (f) interfere with or attempt to interfere with the proper working of the Linkty Service, disrupt the Website or any networks connected to the Linkty Service, or bypass any measures we may use to prevent or restrict access to the Linkty Service; (g) incorporate the Linkty Service or any portion of it into any other program or product, except as may be agreed separately with us in writing; (h) use, or authorize others to use, automated scripts or other scraping tools to collect information from your Page, or the Linkty Service, or otherwise interact with the Linkty Service; (i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available comes from the Linkty Service; (j) intimidate or harass another person, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age on your Page, your account, or on or through any links on your Page; (k) include any sexually explicit material (including pictures and language) on your Page itself or your account itself; (l) use or attempt to use another’s account, service, or system without authorization from us, or create a false identity on the Linkty Service; (m) use the Linkty Service in a manner that may create a conflict of interest or undermine the purposes of the Linkty Service, such as trading reviews with other Users or writing or soliciting fake reviews; or (n) use the Linkty Service to upload, transmit, distribute, store, or otherwise make available in any way: 

  1. files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;

  2. any information that Linkty believes constitutes unsolicited or unauthorized advertising, solicitations, promotional materials, "gambling", "real money games", “junk mail”, “spam”, “multi-level marketing” , “chain letters,” “pyramid schemes,” or any other form of prohibited solicitation;

  3. any private information of any third party, including addresses, phone numbers, email addresses, numbers, and feature in a personal identity document (e.g. National Insurance numbers, passport numbers) or credit card numbers, other than to us as contemplated in the Privacy Policy;

  4. any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;

  5. any material which is defamatory of any person, or obscene, offensive, hateful or inflammatory;

  6. any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities, or self-harm;

  7. any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people;

  8. any material that contains a threat of any kind, including threats of physical violence;

  9. any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality;

  10. any material that displays pornography, pornographic acts, acts of sexual intercourse, or child pornography;

  11. any answers, responses, comments, opinions, analyses, or recommendations that you are not properly licensed or otherwise qualified to provide; or

  12. material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Linkty Service, or which may expose us, the Linkty Service, or our Users to any harm or liability of any type.

10. Representations And Warranties

Customer Content Warranties
(i) Customer represents and warrants that Customer Content and all information on which the Linkty Link Metrics are based, and the receipt, collection, use and provision thereof, shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (ii) the Customer Content, and any information on which the Linkty Link Metrics are based, was received, collected, used and provided to Linkty in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or other legal prohibition; (iii) it has obtained all necessary consents, approvals or other authorizations or permissions for, and has complied with its posted privacy policies and all third-party terms and conditions or privacy policies in connection with, its receipt, use and/or provision of the Customer Content and all information on which the Linkty Link Metrics are based; and (v) that none of the Customer Content or information or data on which the Linkty Link Metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 12.

Further Customer Warranties
Customer further represents and warrants that (i) it has implemented or contractually required industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the Linkty Services or Linkty Link Metrics, Customer Content and Customer Services; (ii) it will not do anything that will make the Linkty Services subject to any open source or similar license which creates anobligation to grant any rights in the Linkty Services; (iii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Linkty Services or Linkty Link Metrics; (iv) in the event of any security breach or unauthorized access to any Linkty Services, Linkty Link Metrics, Customer Content and Customer Services, Customer will immediately investigate such breach and notify Linkty in writing, and, unless otherwise notified by Linkty, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of Linkty, all at Customer’s cost; and (v) Customer, Customer’s use of the Linkty Services, the Customer Content and Customer Services will comply with all Laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.

DISCLAIMERS
LINKTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LINKTY DOES NOT WARRANT THAT: (I) THE LINKTY SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE LINKTY SERVICES AND LINKTY LINK METRICS WILL BE ACCURATE, ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE LINKTY SERVICES ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE LINKTY SERVICES OR LINKTY LINK METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE LINKTY SERVICES WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMERS' USE OF THE LINKTY SERVICES AND LINKTY LINK METRICS IS SOLELY AT ITS OWN RISK. FURTHER, LINKTY MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT THE CUSTOMER’S USE OF THE LINKTY SERVICES AND LINKTY LINK METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND THE CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. LINKTY SHALL BEAR NO RESPONSIBILITY FOR THIRD-PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL MEDIA PLATFORMS, THIRD-PARTY MATERIALS, OR FOR HOST OR APP STORE PROVIDERS). THE CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE LINKTY LINK METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. LINKTY DOES NOT WARRANT THAT THE LINKTY LINK METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. LINKTY HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE LINKTY LINK METRICS BY CUSTOMERS AND THIRD PARTIES.

11. Indemnification And Responsibility

Customer Indemnification
Customer will defend, indemnify and hold harmless Linkty, its parents, subsidiaries, affiliates, and their employees, officers, directors, representatives, contractors, customers, business partners, successors, and assigns (“Linkty Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Linkty Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Customer Content or Customer Services. Linkty shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defense of any claim under this Section, except that Linkty may approve any counsel used by Customer and that Linkty may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of Linkty.

LIMITATION OF LIABILITY
IN NO EVENT SHALL LINKTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE LINKTY SERVICES, LINKTY LINK METRICS OR OTHERWISE HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE LINKTY SERVICES; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF THE LINKTY SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE LINKTY WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE LINKTY SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER.

12. Term And Termination

Agreement Term
This Agreement shall commence on the date the Customer accepts this Agreement by creating an account or purchasing a paid service tier (“Effective Date”) and remain in effect for the duration of the term selected by the Customer unless otherwise terminated as permitted herein (“Initial Term”). If your paid account is set to automatically renew, please see section 4(B) above for the auto-renewal terms.

Right to Terminate
Linkty may terminate this Agreement immediately at its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the Linkty Services and return, or, if directed by Linkty, destroy, all Confidential Information of Linkty. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.

13. Disputes

Limitation for Bringing Claims
To the fullest extent permitted by law, Customer agrees any Customer claim or cause of action arising out of, related to, or connected with the use of the Linkty Services, Linkty Link Metrics, or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.

Mandatory Arbitration of Disputes
We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Linkty agree that in regulating the interpretation and enforcement of these Terms of Service, applicable laws in Indonesia are used. These arbitration provisions will still remain even if these terms of service are discontinued.

Class Action Waiver
YOU AND LINKTY 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 PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

If Linkty changes any of the terms of this “Dispute Resolution” Section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Linkty email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Linkty in accordance with the terms of this “Dispute Resolution” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Sever-ability
With the exception of any of the provisions in the “Class Action Waiver” section of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms of Service is invalid or unenforceable, the other parts of these Terms of Service will still apply.

14. Confidentiality

You must protect confidential information provided to you
If we share information about the Linkty Service with you that is confidential, or that a reasonable person would consider confidential, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.

Our responsibilities regarding Feedback
If you choose to contribute to the Linkty Service by sending us any ideas for new products, services, features, modifications, enhancements, content, offerings, promotions, computer code, or any other materials (Feedback), then regardless of what your communication may say: We have no obligation to review, consider, or implement your Feedback or to return to you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and we are under no obligation to keep any Feedback you send confidentially or to refrain from using or disclosing it anyway; and You irrevocably grant us a perpetual irrevocable transferable worldwide royalty-free license to reproduce, distribute, create derivative works of, modify, perform, communicate to the public, make available, display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction.

15. Miscellaneous

Relationship of the Parties
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose.

Entire Agreement and Severability
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between the parties with respect thereto, including any non-disclosure agreements signed by the parties. Except as may be modified in writing by the parties, including by an Linkty Subscription Supplemental Agreement, no additional or conflicting terms set out on Customer order, invoice, statement, or another document, or contained in any “shrinkwrap” or “clickwrap” agreements, are binding. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Force Major
Except for any Fees due hereunder, neither party shall not be liable for any delay in performing or failure to perform its obligations hereunder where such delay or failure results from any cause beyond its reasonable control, including, without limitation, cyber-attacks, mechanical, electronic, or communications failures, acts of God, terrorism, war, natural disasters, failure of any telecommunications or transportation or of any third party provider or supplier (e.g., host or app store providers) or labor disputes.

Assignment
Except to an affiliate or in the event of a merger, acquisition, or other change of control, neither party may assign this Agreement without the prior written permission of the other party, and any attempt to do so is void. This Agreement shall be binding on any permitted successors and assigns.

Notices
Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing to the addresses listed above and will be deemed to have been duly given when received, if personally delivered; when sent, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Headings; Interpretation
The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation.”

Export
The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the Linkty Services without the required Indonesian and foreign government licenses.

General
The failure of Linkty to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Linkty. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

16. Data Location

You agree that by using this service, all data held as outlined in the privacy policy and here within, as necessary for the product to function is stored and processed in The United States of America and is not stored within the European Union.

17. Refunds

Except when required by law, paid Subscription fees are non-refundable.

18. Contact Us

If you have any questions about these Terms, please contact us: [email protected]