CGV

Last Updated February 10, 2022

YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A G-LINKLY ACCOUNT, PURCHASING A PAID ACCOUNT OR ACCESSING OR USING THE G-linkly SERVICES, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE G-LINKLY SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION AS DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT THE DISPUTES BETWEEN US WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE AS AN APPLICANT OR A MEMBER OF THE GROUP IN ANY CLASS ACTION OR REPRESENTATION PROCEDURE.

 

SCOPE AND MODIFICATIONS

Modifications: G-linkly reserves the right, at its sole discretion, to modify or replace this agreement at any time. If we change these Terms, we will post the change on our site or notify you of the change on your G-linkly Account Details page. By continuing to access or use the G-linkly Services after the effective date of the modification, you indicate that you agree to be bound by the modified Agreement. The Client accepts that it is their responsibility to periodically check this Agreement for any change and that their use of the G-linkly Services after the publication of any change to this Agreement constitutes acceptance of these changes. If the modified agreement is not acceptable to you, your only recourse is to stop using the G-linkly services.

Scope and current offers: On the effective date, G-linkly offers certain G-linkly services to the customer. G-linkly may add, delete, suspend, interrupt, modify or update the G-linkly Services at any time, at its discretion. After the effective date of this update, G-linkly will have no obligation to perform, provide or support legacy versions of the G-linkly Services.

G-linkly Enterprise customers: If you have purchased a G-linkly business plan, these conditions may be supplemented or modified by an additional enterprise agreement and one or more order forms, the conditions of which govern to the extent that they are in conflict with these conditions.
Support, availability and training. The training and the level of customer support for the level of G-linkly services that you buy are defined on the pricing page of G-linkly services.

 

ACCOUNTS PAID

Fees: G-linkly offers paid G-linkly services which offer additional functionalities and functionalities. Rates and services for paid accounts are described on the G-linkly service pricing page and may be updated from time to time. If you register for a paid account, you agree to pay G-linkly all applicable fees for the level of G-linkly services based on your selection. Fees are not refundable unless required by law or otherwise expressly authorized in this agreement.

Automatic renewals and tests: If your account is configured to renew automatically or is in a trial period and you have already provided a payment method to G-linkly for the Services, G-linkly will automatically debit your payment account at the end of the trial or at the beginning of each renewal period for the renewal period, unless you inform us that you wish to cancel or deactivate the automatic renewal before the expiration of the period then in progress. You can terminate the Agreement on the Account Details page of your account or, if you purchased your Service through a G-linkly account representative, by contacting your G-linkly account representative. If you have a paid account plan with a duration of twelve (12) months or more, we will notify you within 30 days prior to the renewal of your account, including any changes in plan fees.

Payment: The customer will pay G-linkly invoices within the selected payment interval. Unless otherwise specified, payments will be due immediately. The customer authorizes G-linkly to invoice the customer for all applicable fees using the payment method selected by the customer via the G-linkly online payment platform. The customer will provide G-linkly with complete and accurate billing and contact information. G-linkly may suspend or terminate the Services if the Costs are past due. Unpaid fees are subject to finance charges of one percent (1.5%) per month (18% per year), or to the maximum permitted by law, whichever is less, plus all collection costs, including reasonable attorneys' fees.

Taxes: Fees are exclusive of taxes, duties, levies, tariffs and other government charges (collectively, "taxes"), and the customer is responsible for all taxes resulting from this agreement or the customer's use of G services -linkly. G-linkly will charge taxes to the customer when required by applicable law, and the customer agrees to pay in accordance with the terms of the invoice. In the event that the customer is required by law to deduct and withhold taxes from the amounts payable under this agreement,

Downgrades: G-linkly reserves the right to downgrade, suspend or terminate the Client's access to all or part of the G-linkly Services if the Costs are past due.
LICENSE, METRICS AND CONFORMITY;

License to G-linkly services. Subject to the terms and conditions of this agreement and the payment of all costs due hereunder, G-linkly grants to the customer and to any other party agreed in an order form, a limited right and license, revocable, not exclusive, non-sublicensable, non-transferable to use G-linkly services only to shorten uniform resource locators (“URLs”), to receive certain G-linkly Link metrics (defined in G-linkly privacy policy) and, for customers of the business plan, use the other products and services defined on the applicable purchase order during the term.

G-linkly Link Metrics: As part of the provision of G-linkly services, G-linkly collects and generates G-linkly Link metrics, which are described in the G-linkly privacy policy. Certain limited G-linkly Link metrics are published on the G-linkly website. Customer acknowledges and agrees that all G-linkly Link metrics are the property of G-linkly, and that G-linkly has the right to use, license, sell or otherwise dispose of G-linkly Link metrics as detailed in the G-linkly privacy policy. G-linkly does not make all G-linkly Link metrics available to the customer. The customer can access, use and copy the limited G-linkly Link metrics that we make available to the customer based on the level of customer service. The customer cannot combine G-linkly Link metrics with personally identifiable information and cannot sublicense, sell, syndicate or otherwise share G-linkly Link metrics with a third party.

Access identification information: G-linkly will provide the Customer with non-transferable access identification information for the G-linkly Services. The Customer must not (i) misrepresent or mask identities when using the G-linkly Services or when seeking access identification information; (ii) select or use as user name or abbreviated brand domain a name subject to any rights of a person or entity other than the Client without appropriate authorization; (iii) select or use, as the Customer's brand name or short domain, an otherwise offensive, vulgar or obscene name; or (iv) exceed any access authorized by G-linkly. The Customer must protect all access identifiers provided by G-linkly and guarantee their confidentiality and security. Insofar as the Client is a legal person rather than an individual (1), only the Client's employees and subcontractors (“Staff”) can use the G-linkly Services; (2) Customer shall require its Personnel to comply with all Laws and restrictions on use (including user seat restrictions) set out in the Agreement or otherwise prescribed by G-linkly and not must not share access identification information to exceed the usage limits of the level of service that the Customer has purchased; (3) The customer declares and guarantees that his staff has the capacity and the authority to conclude this agreement; and (4) the Client acknowledges that he will be fully responsible for any act or omission of his Staff, whether authorized or not. G-linkly may update, update or change the manner of accessing the G-linkly Services at its discretion.

Compliance Monitoring: G-linkly may monitor the Customer's use of the G-linkly Services to verify compliance with the Agreement. If G-linkly observes the use of the G-linkly Services which it considers non-compliant with the Agreement, G-linkly will inform the Customer and allow it five (5) working days to remedy its non-compliance. If the Client does not remedy its non-compliance within five (5) working days, G-linkly reserves the right to suspend or terminate the Client's use of the G-linkly Services. G-linkly reserves the right to suspend the use of the G-linkly Services by the Client without notice in the event that he believes, in good faith, that the security of the G-linkly account of the Client has been compromised or that the account Client's G-linkly is used for illegal purposes. And can suspend or terminate the Client's access to the Services without notice for breach of the Contract.

 

INTELLECTUAL PROPERTY AND LICENSE RESTRICTIONS

Possession: With the exception of any content or customer service, the customer acknowledges and accepts that G-linkly is the sole and exclusive owner of all rights, titles and interests relating to G-linkly services and G-linkly Link metrics and all documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyright, patents, trade secrets and other intellectual property, and all derivatives, improvements, modifications and improvements thereof ("G-linkly Materials"). Nothing in this Agreement or any other document will be deemed to transfer ownership of the G Documents Except for the limited license rights expressly granted herein, no rights to the G-linkly materials are granted below and all rights to these G-linkly materials are reserved.

Feedback: The Customer is not required to provide suggestions, improvement requests, recommendations or other comments regarding the G-linkly Services or the G-linkly Link Metrics ("Comments"). However, if the Client does so, all rights, titles and interests related to these Comments will be attributed to G-linkly and will become the sole and exclusive property of G-linkly when it is created.

License Restrictions: The customer must not share access credentials to exceed the usage limits for the level of service they have purchased. The Customer and its Staff must not authorize a 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 G-linkly or create shortened links or a service that is competitive, substantially similar or similar to any aspect of the G-linkly Services or G-linkly Link Metrics; (ii) use, modify, display, execute, copy, disclose or create works derived from the G-linkly Services, except in the cases expressly authorized herein; (iii) reverse engineer, decompile, disassemble, imitate, scratch the screen, frame or reflect G-linkly services or G-linkly Link metrics, or use any other means to attempt to discover their source code, except with express authorization herein ; (iv) compare, encumber, distribute, sublicense, assign, share, sell, rent, rent, pledge or otherwise transfer G-linkly services or G-linkly Link metrics to a third party; (v) transmit harmful, disabling or malicious code or devices, or infringe, defamatory, illegal, tort, misleading, deceptive, fraudulent, abusive, indecent or otherwise offensive, or content that contains personal information of anyone or violates the intellectual property of a third party, rights to privacy or publicity (“Prohibited Content”) via the G-linkly Services; (vi) access by automated or unauthorized means, interfere with, disrupt or attempt to monitor, bypass access or bypass security measures for, G-linkly Services or G-linkly Link Metrics or associated systems , including via robots, spiders and other electronic methods; and (vii) obscure, remove or modify any proprietary rights or other notices on G-linkly services or G-linkly Link metrics. Notwithstanding anything to the contrary herein, G-linkly may, at its sole discretion, immediately revoke the grant of the rights set out in section 3 if the customer violates or threatens to violate the restrictions of this section or creates other security problems or legal.

The Client hereby accepts that G-linkly will be entitled, in addition to any other remedy available to it in law or in equity, to an injunction to prevent the violation or the threat of violation of the Client's obligations under this Section , without any obligation to demonstrate irreparable harm or to publish a link. spiders and other electronic methods; and (vii) obscure, remove or modify any proprietary rights or other notices on G-linkly services or G-linkly Link metrics

Technical Restrictions: The Customer must not exceed the number and / or frequency of API calls, simultaneous URL shortenings or any other access or use of the G-linkly Services in the relevant documentation or as otherwise provided by G- linkly in an Order Form. If G-linkly believes that the Client has attempted to exceed or circumvent these limitations, G-linkly may suspend or block the Client's access to the G-linkly Services. G-linkly can monitor usage

by the Client of the G-linkly Services, in particular to guarantee the Client's compliance with this Agreement.

Third Party Hardware: G-linkly Services may use third party software or source code, including, but not limited to, Open Source software ("Third Party Documents"). G-linkly has no control over third party items. Consequently, G-linkly is not responsible for the elements of third parties. Although G-linkly has no obligation to monitor third-party elements, G-linkly may delete or modify these third-party elements at its discretion, including, without limitation, to comply with the law. The customer agrees to comply with all terms and conditions and privacy policies related to any third party material.

Trademarks: G-linkly grants the Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the names, logos, designs and other brands of G-linkly incorporated into the G-linkly Services ( "G-linkly Marks") during the Term and only for the purpose of displaying such notification as part of the G-linkly Services. The Customer acknowledges the validity of the G-linkly Marks and the ownership and title of G-linkly in them.

 

CUSTOMER SERVICES, CONTENT AND INFORMATION

Customer service: G-linkly declines all responsibility for any product or customer service accessible via or using the G-linkly services or any end user, customer or use thereof ("customer service"). The Customer must not use the G-linkly Services in a way implying a partnership with, a sponsorship or an approval of the Customer Service by G-linkly. The customer should not suggest or imply that G-linkly is the author or otherwise responsible for the views or content of the customer service. The G-linkly Services should not be used in connection with Prohibited Content, or any activity where the use or failure of the G-linkly Services could result in death, personal injury, property or environmental damage or have an impact negative or impose liability on G-linkly in any way.

Customer content: The Customer hereby grants G-linkly an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free worldwide license to use, copy, import, display, reproduce, execute, distribute, create works derived, alter or modify all URLs and other information provided by the Customer to G-linkly ("Customer Content") in connection with the provision, operation and promotion of the G-linkly Services, the creation of G- Metrics linkly Link and for other commercial purposes. The collection, use and sharing of personal information that G-linkly receives from the client or third parties (including social networks) are described in the G-linkly privacy policy. As stated in our privacy policy, where permitted by law, if you register a G-linkly 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 company to explore the business interest in creating or managing a business account or for related purposes.

Advertising: The Customer grants G-linkly the right to use the Customer's logos or registered trademarks in marketing or advertising media and on its website to identify the Customer as a customer who uses the G-linkly Services.


Contact G-linkly: If you have any questions about these conditions, please contact us at contact@g-linkly.com