Last Updated: 20 Aug 2023
Please read these terms and conditions (The “Agreement”) carefully, as they govern your access and use of the GotLink.me services. These terms and conditions constitute a legal and binding agreement between you and GotLink.me.
If you accept this Agreement or use the GotLink.me 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 GotLink.me Services by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this agreement.
If you access or use the GotLink.me 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 GotLink.me Service and they agree to be bound by these terms of service on your behalf. YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING GOTLINK.ME ACCOUNT, PURCHASING A PAID ACCOUNT, OR ACCESSING OR USING GOTLINK.ME 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 GOTLINK.ME 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.
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 GotLink as the owner and manager of the GotLink.me 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”, GotLink.me 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 GotLink.me through the site. 1.10. “Agreement”, means all the contents in these terms and conditions.
2. Support and/or Services
GotLink.me. (“GotLink.me”, “we” or “our”) provides URL shortening, custom-branded link, landing page, link management, and analytics products and services to its users (collectively, the “GotLink.me Services”).
3. Scope & Modifications
GotLink.me. 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 GotLink.me. account details page. By continuing to access or use the GotLink.me 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 GotLink.me 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 GotLink.me services.
Scope & Current Offerings
As of the effective date GotLink.me offers certain GotLink.me Services to the customer, GotLink.me may add, remove, suspend, discontinue, modify or update the GotLink.me services at any time, at its discretion. After the effective date of such update, GotLink.me shall bear no obligation to run, provide or support legacy versions of the GotLink.me services.
GotLink.me Business Customers
If you have purchased an GotLink.me Business Plan, these terms and conditions may be supplemented or modified by a supplemental enterprise agreement. The supplemental enterprise 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 GotLink.me Services you purchase are set forth on the GotLink.me services pricing page.
To access or use our GotLink.me 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.
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 Landing Page
You may not use, as a customized link name and landing page, 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 GotLink.me Service or our reputation, infringe or violate any third party rights, or violate any applicable laws or regulations.
5. Paid Account
GotLink.me offers fee-based GotLink.me Services that provide additional features and functionality. Pricing and services for paid accounts are described on the GotLink.me Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay GotLink.me all applicable fees for the tier of GotLink.me 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 GotLink.me for the Services, GotLink.me 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 GotLink.me account representative by contacting your GotLink.me account representative. If you are on a paid account plan lasting twelve (12) months or longer, we will notify you within 30 days before your account renews, including any changes in the Fees for the plan.
Customers will pay GotLink.me invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes GotLink.me to charge Customer for all applicable Fees using Customer’s selected payment method through GotLink.me’s online payments platform. The customer will provide complete and accurate billing and contact information to GotLink.me. GotLink.me may suspend or terminate the Services if Fees are past due.
Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and the Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the GotLink.me Services. GotLink.me will invoice Customer for Taxes when required to do so by applicable law, and Customer agrees to provide payment under the terms of the invoice. In the event Customer is required by law to deduct and withhold any Taxes on amounts payable under this Agreement, any amounts required to be withheld will be promptly deducted and timely remitted by the Customer on behalf of GotLink.me to the appropriate taxing authority and the Customer agrees that it will provide GotLink.me with copies of all necessary documents (including but not limited to tax receipts received from the applicable tax authority) in order for GotLink.me to claim and receive a foreign tax credit in an amount corresponding to the amount withheld by the Customer.
GotLink.me reserves the right to downgrade, suspend or terminate the Customer’s access to any or all GotLink.me Services if Fees are past due.
6. License, Metrics, And Compliance
License to GotLink.me Services.
GotLink.me Link Metrics.
GotLink.me shall provide the Customer with non-transferable access credentials for the GotLink.me Services. Customer shall not (i) misrepresent or mask identities when using the GotLink.me 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 GotLink.me. The customer shall safeguard all access credentials provided by GotLink.me 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 GotLink.me 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 GotLink.me 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. GotLink.me may update, refresh or change the manner of accessing the GotLink.me Services at its discretion.
GotLink.me may monitor the Customer’s use of the GotLink.me Services for compliance with the Agreement. If GotLink.me observes usage of the GotLink.me Services that it believes are not in compliance with the Agreement, GotLink.me 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, GotLink.me reserves the right to suspend or terminate the Customer’s use of the GotLink.me Services. GotLink.me reserves the right to suspend the Customer’s use of the GotLink.me Services without notice in the event that it believes, in good faith, the security of the Customer’s GotLink.me account has been compromised, or the Customer’s GotLink.me 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
Except for any Customer Content or Customer Services, the Customer acknowledges and agrees that GotLink.me is the sole and exclusive owner of all rights, title, and interest in and to the GotLink.me Services and GotLink.me 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 (“GotLink.me Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the GotLink.me Materials. Except for the limited license rights expressly granted herein, no rights to GotLink.me Materials are granted hereunder and all rights in such GotLink.me Materials are reserved.
The customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the GotLink.me Services or GotLink.me 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, GotLink.me upon its creation.
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 GotLink.me or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the GotLink.me Services or GotLink.me Link Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the GotLink.me Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the GotLink.me Services or GotLink.me 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 GotLink.me Services or GotLink.me 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 GotLink.me Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the GotLink.me Services or GotLink.me 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 GotLink.me Services or GotLink.me Link Metrics. Notwithstanding anything to the contrary herein, GotLink.me 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 GotLink.me 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.
Customer shall not exceed the number and/or frequency of API calls, concurrent URL shortens, or other access to or use of GotLink.me Services in the relevant documentation or as otherwise provided by GotLink.me in an Order Form. If GotLink.me believes that Customer has attempted to exceed or circumvent these limitations, GotLink.me may suspend or block Customer’s access to the GotLink.me Services. GotLink.me may monitor Customer’s use of the GotLink.me Services, including to ensure Customer’s compliance with this Agreement.
Open Source Software
GotLink.me Services may incorporate software that is subject to terms that, as a condition of use, copying, modification, or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge (“Open Source Software”). To the extent any Open Source Software license terms are inconsistent with this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in this Agreement, but solely with respect to such Open Source Software. Any applicable Open Source Software license is solely between the Customer and the applicable licensor of the Open Source Software and the Customer shall comply with the applicable Open Source Software license.
Third Party Materials
GotLink.me Services may utilize third-party software or source code, including without limitation Open Source Software (“Third Party Materials”). GotLink.me has no control over Third Party Materials. Accordingly, GotLink.me is not responsible or liable for any Third Party Materials. While GotLink.me has no obligation to monitor Third Party Materials, GotLink.me 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.
GotLink.me grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use GotLink.me’s names, logos, designs, and other trademarks incorporated into the GotLink.me Services (“GotLink.me Marks”) during the Term and solely for the purposes of displaying such notice as part of the GotLink.me Services. The customer recognizes the validity of the GotLink.me Marks and GotLink.me’s ownership and title thereto. Any goodwill derived from the use of the GotLink.me Marks by Customer shall inure to the benefit GotLink.me. Customer will not challenge the GotLink.me Marks, or GotLink.me’s 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 GotLink.me, or required by law, to establish GotLink.me’s sole and exclusive ownership and rights in the GotLink.me Marks, or to obtain registration thereof. The customer agrees to use the GotLink.me Marks consistent with GotLink.me’s Brand Assets it makes available at https://GotLink.me/pages/press, so as to protect and maintain the GotLink.me Marks and GotLink.me’s rights therein. To this end, GotLink.me shall have the right to revoke the license granted in this Section and/or to review and approve the manner of use of the GotLink.me Marks, and the Customer agrees to modify the use of any GotLink.me Marks which do not meet GotLink.me’s standards. Notwithstanding the foregoing, Customer may not use any GotLink.me Marks in any manner implying any partnership with, sponsorship by, or endorsement by GotLink.me.
8. Customer Services, Content, And Information
GotLink.me shall have no liability for any Customer product or service accessed through or making use of the GotLink.me Services or any end user, customer, or Personnel’s use thereof (“Customer Service”). Customer shall not use the GotLink.me Services in any manner implying any partnership with, sponsorship by, or endorsement of the Customer Service by GotLink.me. Customer shall not suggest or imply that GotLink.me is the author of or otherwise responsible for the views or content of the Customer Service. The GotLink.me Services shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the GotLink.me Services could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on GotLink.me in any manner.
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 GotLink.me 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 GotLink.me Service.
By posting Content to the GotLink.me Service, you grant us the right and license to use, publicly display, and distribute such Content on and through the GotLink.me 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 GotLink.me 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 GotLink.me 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 GotLink.me 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 GotLink.me 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 and is unlikely to bring us or the GotLink.me Service into disrepute.
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 GotLink.me 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 GotLink.me Service will be publicly available information and you bear the risks involved with such public disclosures.
We can use your Content to promote the GotLink.me 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 GotLink.me 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 GotLink.me 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 GotLink.me Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the GotLink.me 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 GotLink.me 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 GotLink.me 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 GotLink.me Service or any derivative works of the GotLink.me 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 GotLink.me Service or any derivative works thereof, except that you may re-sell the GotLink.me 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 GotLink.me Service for a fee or charge, or use the GotLink.me Service to advertise or perform any commercial solicitation, except that you may market the GotLink.me Service to a limited class of persons if we have expressly given consent for such activity to you in writing; (e) use the GotLink.me 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 GotLink.me Service, disrupt the Website or any networks connected to the GotLink.me Service, or bypass any measures we may use to prevent or restrict access to the GotLink.me Service; (g) incorporate the GotLink.me 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 GotLink.me Service, or otherwise interact with the GotLink.me 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 GotLink.me 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 GotLink.me Service; (m) use the GotLink.me Service in a manner that may create a conflict of interest or undermine the purposes of the GotLink.me Service, such as trading reviews with other Users or writing or soliciting fake reviews; or (n) use the GotLink.me Service to upload, transmit, distribute, store, or otherwise make available in any way:
- files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;
- any information that in GotLink.me’s opinion constitutes unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “multi-level marketing”, “chain letters”, “pyramid schemes”, or any prohibited form of solicitation;
- any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, or obscene, offensive, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities, or self-harm;
- 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;
- any material that contains a threat of any kind, including threats of physical violence;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability, or sexuality;
- any answers, responses, comments, opinions, analyses, or recommendations that you are not properly licensed or otherwise qualified to provide; or
- material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the GotLink.me Service, or which may expose us, the GotLink.me 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 GotLink.me 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 GotLink.me Link Metrics are based, was received, collected, used and provided to GotLink.me 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 GotLink.me Link Metrics are based; and (v) that none of the Customer Content or information or data on which the GotLink.me Link Metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 13.
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 GotLink.me Services or GotLink.me Link Metrics, Customer Content and Customer Services; (ii) it will not do anything that will make the GotLink.me Services subject to any open source or similar license which creates anobligation to grant any rights in the GotLink.me Services; (iii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the GotLink.me Services or GotLink.me Link Metrics; (iv) in the event of any security breach or unauthorized access to any GotLink.me Services, GotLink.me Link Metrics, Customer Content and Customer Services, Customer will immediately investigate such breach and notify GotLink.me in writing, and, unless otherwise notified by GotLink.me, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of GotLink.me, all at Customer’s cost; and (v) Customer, Customer’s use of the GotLink.me 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.
GOTLINK.ME 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. GOTLINK.ME DOES NOT WARRANT THAT: (I) THE GOTLINK.ME SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE GOTLINK.ME SERVICES AND GOTLINK.ME LINK METRICS WILL BE ACCURATE, ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE GOTLINK.ME SERVICES ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE GOTLINK.ME SERVICES OR GOTLINK.ME LINK METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE GOTLINK.ME SERVICES WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMERS' USE OF THE GOTLINK.ME SERVICES AND GOTLINK.ME LINK METRICS IS SOLELY AT ITS OWN RISK. FURTHER, GOTLINK.ME 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 GOTLINK.ME SERVICES AND GOTLINK.ME LINK METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND THE CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. GOTLINK.ME 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 GOTLINK.ME LINK METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. GOTLINK.ME DOES NOT WARRANT THAT THE GOTLINK.ME LINK METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. GOTLINK.ME HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE GOTLINK.ME LINK METRICS BY CUSTOMERS AND THIRD PARTIES.
11. Indemnification And Responsibility
Customer will defend, indemnify and hold harmless GotLink.me, its parents, subsidiaries, affiliates, and their employees, officers, directors, representatives, contractors, customers, business partners, successors, and assigns (“GotLink.me Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by GotLink.me 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. GotLink.me 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 GotLink.me may approve any counsel used by Customer and that GotLink.me may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of GotLink.me.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GOTLINK.ME BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE GOTLINK.ME SERVICES, GOTLINK.ME 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 GOTLINK.ME 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 GOTLINK.ME SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE GOTLINK.ME 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 GOTLINK.ME SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $10.
12. Term And Termination
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
GotLink.me 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 GotLink.me Services and return, or, if directed by GotLink.me, destroy, all Confidential Information of GotLink.me. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
13. Governing Law & Disputes
This Agreement and the transactions contemplated hereby shall be governed by and construed under Indonesian Law. Disputes arising as a result of the implementation of this agreement will be resolved by arbitration through BANI (Indonesian National Arbitration Board). With respect to arbitration decisions, any legal remedies are not possible because the arbitration decision is final and has permanent legal force immediately since it was decided by the arbitrator or arbitrator panel.
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 GotLink.me Services, GotLink.me 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 GotLink.me 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 GOTLINK.ME 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 GotLink.me 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 helpdesk@GotLink.me) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of GotLink.me’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and GotLink.me 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).
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.
You must protect confidential information provided to you
If we share information about the GotLink.me 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 GotLink.me 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.
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 GotLink.me Enterprise 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.
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.
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.
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.
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.”
The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the GotLink.me Services without the required Indonesian and foreign government licenses.
The failure of GotLink.me 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 GotLink.me. 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.
Customer grants GotLink.me the right to use Customer’s logos or trademarks in marketing or publicity materials and on its website to identify Customer as a customer that uses the GotLink.me Services.
If you have any questions about these Terms, please contact us at helpdesk@GotLink.me.