MyLink.fyi Terms of Service

Effective from 1 January 2020

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.mylink.fyi and https://app.mylink.fyi websites (the "Service") operated by KO2KO2 SARL ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. 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 warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the 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 Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) 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, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) 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 (v): the Content does not bring us or the Service into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request. We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

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

Accounts

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to 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.

Indemnification

You agree to defend, indemnify and hold KO2KO2 SARL and its affiliates harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with (i) your use and access to the Service; (ii) your violation of these Terms; (iii) infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you or your Content. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer's fees, necessary to defend against such claims.

Intellectual Property

You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by KO2KO2 SARL.

KO2KO2 SARL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that KO2KO2 SARL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Inaccuracies

We are constantly updating our Service. Our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

KO2KO2 SARL its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Governing Law

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Customer Data

The Customer owns the rights to its data as data controller, and the service acts as data processor on the Customer's behalf. All processing by the service of the personal data and other data provided by the Customer shall be in accordance with the applicable laws. The service's processing of personal data on behalf of the Customer shall therefore only be done in order to provide the Product and shall be subject to the Customer's written instructions. The Customer is obligated to keep user logins and passwords to the Service secret from any unauthorized users or third parties. The Customer is obligated to ensure that the personal data provided by the Customer and used in the Service is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer's data provided in the Product, including personal data, do not violate any third party intellectual property rights and/or any applicable legislation. The service is entitled to delete any data that in the sole discretion of the service constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.

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 the European Union.

Subscriptions

The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or KO2KO2 SARL cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting KO2KO2 SARL customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. In order to accept payments, we use a third-party payment processor called Paddle (https://paddle.com/). You shall provide KO2KO2 SARL and Paddle Payments Limited with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize KO2KO2 SARL and Paddle Payments Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, your usage of the Service may be interrupted.

Free Trial

KO2KO2 SARL may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

At any time and without notice, KO2KO2 SARL reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

KO2KO2 SARL, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

KO2KO2 SARL will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

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

Contact Us

If you have any questions about these Terms, please contact us on support@mylink.fyi