PLEASE READ THE FOLLOWING BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING AND/OR REGISTERING FOR THE LINKSINSIDER WEBSITE, PLATFORM OR SERVICES.

By creating an Account in LinksInsider as an Authorized User and/or by accessing and using the LinksInsider dashboard or website, www.linksinsider.com (the “Site”), you accept these Terms of Service (the “Terms”), and you acknowledge that you, on your own behalf as an individual and on behalf of your employer or another legal entity (collectively, “you” or “your”), have read and understood and agree to comply with these Terms, and are entering into a binding legal agreement with LinksInsider as a project of Softoria LLC, registered in Ukraine, website and all content, services and products available at or through the website and/or, where applicable, one of its group companies or affiliates (“LinksInsider”, “us”, “we” or “our”). If you are creating an Account, you are entering into these Terms on behalf of your team, company, organization or any other entity that you either represent or belong to (the “Organization”), and you represent and warrant that you have or you were granted full authority to bind your Organization to these Terms. If you do not agree to comply with and be bound by these Terms or do not have authority to bind your Organization, please do not accept these Terms or access or use the Platform. To the extent allowed under applicable law, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records. If you have executed a written contract, service order or other agreement with LinksInsider governing your access to and use of the Platform, then the terms of such agreement will govern and will supersede these Terms; except for the terms herein that refer to your access to, use of and/or registration for the Site, all which shall remain in effect. All capitalized terms used herein shall have the meanings given for such terms herein.

1. Description of the Service and Site.

1.1. Service. LinksInsider is the owner or licensee of the LinksInsider platform, a market intelligence solution that enables insights on estimated traffic and usage data for websites and mobile apps which is made available to you on a software as a service (SaaS) basis (the “Platform”) through a web portal on our Site – app.linksinsider.com, and includes: (i) the software that you access via the Site; (ii) any other applications, extensions and features, if any, made available or provided to you by LinksInsider in connection with the Site or Platform (the “Applications”); and (iii) the trademarks and logos (“Marks”), content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features (together with the Marks, “Content”), contained in or made available through the Site or Platform.

1.1. Site. The Site linksinsider.com is intended to provide you with information about LinksInsider and its products, to enable you to use the Platform.

2. Ability to Accept Terms.

If you, as an Authorized User, access and use the Site and/or Platform, you represent and warrant that you are at least 18 years old. The Site and/or Platform is only intended for individuals aged thirteen (13) years or older. If you are under 13 years old please do not visit, access or use the Site and/or Platform. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting, accessing or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them. You may not access and use the Platform if you are, and you represent and warrant that you are not, a competitor of LinksInsider.

3. Access to the Platform.

3.1. General access to LinksInsider. Subject to your compliance with these Terms as an Authorized User, LinksInsider hereby grants you a non-exclusive, nontransferable, worldwide, revocable license to use a version of the Platform with the features described on the Site. LinksInsider let everyone access its limited features regardless of the authorization. The full access is provided to the Authorized Users who meet the conditions described in the Terms below. An “Authorised User” means an individual employee or your third party agent, as identified by a unique email address and user name, who is registered as a member of your Account.

3.2. Multiple User Access. If the selected subscription plan includes multiple user access, you may give access to the Service only to the number of Autorized Users specified in the selected subscription plan, provided that each additional Autorized User agrees to comply with the Agreement.

3.3. Account and authorized users. In order to get full access to the Platform and become an Authorized User, you are required to create a personal user account (“Account”).  In creating your Account, you acknowledge and agree: (i) to provide accurate and complete Account and login information; (ii) to keep, and ensure that your User Account login details are kept, secure at all times; (iii) to remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; and (iv) to promptly notify LinksInsider in writing if you become aware of any unauthorized access or use of your Account or the Platform. In creating your Account, you further represent and warrant that you were not previously blocked by LinksInsider from having an Account or otherwise using the Platform. Once signed up, all Authorized Users may  get access to the Platform and its features without proceeding the payments. During the registration process, LinksInsider requests Authorized Users  to provide access to their personal Google Analytics and Google Search Console accounts. The access to personal Google Analytics and Google Search Console accounts can be revoked anytime. However, by doing so, you acknowledge that your access to the Platform and all related Services shall be revoked.  If your Google Analytics and/or Google Search Console token is invalid, or there are no Google Analytics or Google Search Console accounts found for your email, LinksInsider, without derogating from our right, is able to limit, terminate or revoke access to its features and Platform for the Authorized User. By creating an account with LinksInsider, you agree to these Terms and confirm you are acknowledged that LinksInsider might access your Google Analytics and Google Search Console data, use the data collected from your accounts for any purposes that include but aren’t limited to improving the Platform and its features, selling received data to the third parties keeping all data received unpersonalised. Please note that the CCPA defines the term “sale” very broadly to include any exchange of data for consideration of any kind, not simply selling your data for monetary compensation. Depending upon the circumstances, the term “sale” could include a company providing a resident’s data to another entity to assist the company with targeted advertising.

4. BILLING AND PAYMENTS

4.1. General. The Service is available on a paid subscription basis and is charged after the 7 days free trial expiration.

4.2. Auto renew. Your subscription will renew automatically based on Your plan’s renewal cycle. The account owner will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of Your subscription. All subscriptions will automatically renew at the end of Your subscription period until canceled by You. You will not receive further notice of auto-renewal.
4.3. Billing. LinksInsider uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for LinksInsider. 

4.4. Payment method. LinksInsider bills You through a secure online account for use of the service. We have an SSL certificate that prohibits Your sensitive credit card information from being intercepted. Your complete billing information is not stored on LinksInsider servers.

5. MONEY BACK GUARANTEE & REFUND POLICY

5.1. LinksInsider provides a 7 day refund policy with no questions.

6. Site Access.

We hereby grant you permission to visit and use the Site for your information and personal use only (and, where applicable, the internal business purposes of your Organization), subject to these Terms and your compliance with applicable law.

7. Restrictions.

Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Platform or Site to any third party; (ii) circumvent, disable or otherwise interfere with security-related features of the Platform, Site or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Platform or Site; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Platform, Site or any components thereof, or create any derivative works of the Platform, Site or any part thereof; (v) use any robot, spider, scraper, or other automated means to access or monitor the Platform or Site for any purpose, or to copy, access, collect, download, or otherwise obtain data, content or other information from the Platform or Site (vi) take any action that imposes or which LinksInsider determines, in its sole discretion, may impose an unreasonable or disproportionately large load on the LinksInsider infrastructure or infrastructure which supports the Platform, Site or Applications; (vii) interfere or attempt to interfere with the integrity or proper working of the Platform, Site, or any related activities; (viii) remove, deface, obscure, or alter LinksInsider’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Platform, Site or use or display logos of the Platform, Site without LinksInsider’s prior written approval; (ix) use LinksInsider’s Marks without our prior written consent; (x) use the Platform or Site to develop, offer, operate, support or enable a competing service or product; and/or (xi) use the Platform or Site in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose (including without limitation third-party defamation), or in breach of these Terms, any terms and conditions of any third-party product or service you use, or any agreement you have entered into with any third party.

8. User Submissions.

8.1. Responsibility. The Site may permit the publishing of certain data, information or content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions posted on the Site at any time and for any reason.

8.2. Ownership. You, as an Authorized User, represent and warrant that you own or have the necessary rights and permissions to use, and authorize LinksInsider to use, all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, title and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.

8.3. License to User Submissions. By submitting the User Submissions to LinksInsider, you hereby grant LinksInsider a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and LinksInsider’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

8.4. Exposure to User Submissions. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that LinksInsider is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, or otherwise objectionable. You hereby waive any legal or equitable rights or remedies you may have against LinksInsider with respect to User Submissions.

9. Intellectual Property Rights.

9.1. Site, Platform and Applications. The Platform, and the Site, including all Content contained or displayed on the Site (excluding User Submissions) or Platform, are the property of LinksInsider and may be protected by applicable copyright or other intellectual property laws and treaties. Title and full, exclusive ownership rights in the Site, Platform (and all parts of either, including the Content), and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related to your usage of the Site (excluding User Submissions), and Platform, and LinksInsider’s intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to LinksInsider (or its third-party providers). “LinksInsider”, the LinksInsider logo, and other marks are Marks of LinksInsider or its affiliates. All other trademarks and logos used on the Site, or Platform are the trademarks, Platform marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Platform, Applications, Site and the Content.

9.2. Feedback. It is anticipated that you, as an Authorized User or a Site visitor, may provide suggestions, comments or other feedback to the LinksInsider Platform and/or the Site (“Feedback”). Feedback shall be deemed the sole property of LinksInsider. Without derogating from the above, LinksInsider will be free to adopt such Feedback for any of its products or Platforms, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You and your Organization hereby waive any right to the Feedback, including but limited to, moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information and/or content that you post, disclose, publish or otherwise make available in the course of LinksInsider’s webinars, customer forums/blogs, community forums/blogs or any other similar event or venue, including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.

10. Privacy Policy.

You acknowledge and agree that we will use any personal information that we may collect or obtain in connection with the Site and/or the Platform in accordance with our Privacy Policy available at https://www.linksInsider.com/privacy-policy/ (“Privacy Policy”).

11. Suspension.

If we believe, in our sole discretion, that you are using the Platform in a manner that may cause harm to us or any third party, or which is in breach of these Terms, then we may, without derogating from our right to suspend or terminate your User Account or your access to and use of the Platform, or parts thereof.

12. Warranty Disclaimer.

12.1. The Site and Platform are provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for accessing and using the Site and Platform and for the selection of the Platform to achieve your intended results. LinksInsider HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2. The data contained on the Site and Platform is based on information and content obtained by LinksInsider from third parties, including estimations and extrapolations based on such data. LinksInsider, ITS AFFILIATES AND THIRD-PARTY PROVIDERS shall not be held responsible OR LIABLE for the accuracy of the Platform data or any omissions of data in or from the Site and Platform. LinksInsider, ITS AFFILIATES AND THIRD-PARTY PROVIDERS shall have no responsibility or liability for any BUSINESS CONDUCTED, DECISIONS MADE, OR ANY OTHER action or inaction by YOU or YOUR ORGANIZATION AND ITS AFFILIATES, customers, partners or parties with whom YOU do business, whether or not based in whole or in part on the Site, Platform data accessed THEREFROM by YOU OR YOUR ORGANIZATION.

12.3. LinksInsider DOES NOT WARRANT THAT THE Site, Platform and APPLICATIONS OR ACCESS TO AND USE OF THE Site, Platform and APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.

12.4. LinksInsider OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE PLATFORM OR APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PLATFORM OR APPLICATIONS, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS.

12.5. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

12.6. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

13. Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:

13.1. IN NO EVENT WILL LinksInsider, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS FOR: (A) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR PLATFORMS.

13.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LinksInsider, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITE AND THE PLATFORM), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

13.3. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ‎16 SHALL APPLY: (A) EVEN IF LinksInsider, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (B) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).

13.4. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY YOU AFTER THE EARLIER OF (A) 12 MONTHS AFTER THE DATE ON WHICH YOU BECOME AWARE THAT A CAUSE OF ACTION HAS ARISEN, OR (B) THE PERIOD SET FORTH UNDER THE APPLICABLE STATUTE OF LIMITATIONS.

14. Indemnification.

You shall defend, indemnify, and hold LinksInsider harmless from and against any and all damages assessed against LinksInsider (including reasonable attorneys’ fees) arising from a third party claim based on any business conducted, decisions made, or other action or failure to act by you, your Organization or any of its affiliates, customers, partners or parties with whom you or your Organization does business whether or not based in whole or in part on the Site, Platform or Applications or any data accessed therefrom by you or your Organization; provided: (a) LinksInsider notifies you promptly in writing of any such claim and gives you authority, information, and assistance in the defense of such claim; and (b) LinksInsider does not make any admissions in response to any such claim without your consent.

15. Disclosure.

Subject to our Privacy Policy, we reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Platform and/or the Site as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) maintain, support, enhance and improve the Services, (v) respond to your support requests, and/or (vi) protect the rights, property or safety of LinksInsider, its users and/or the public.

16. Third-Party Software.

Portions of the software upon which the Platform is based may include third party software that is subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open-source software. Notwithstanding anything to the contrary, LinksInsider makes no warranty or indemnity hereunder with respect to any third party software.

17. Assignment.

These Terms, and any rights granted hereunder, may not be transferred or assigned by you but may be assigned by LinksInsider without restriction.

18. Customer Reference.

You acknowledge and accept that LinksInsider has the right to use your name and logo and the name and logo of your Organization to identify you as a customer of LinksInsider or user of the Platform, on LinksInsider’s website, marketing materials or otherwise by announcements on social media or otherwise.

19. Modifications.

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following our sending a notice thereof to you or posting the revised Terms on the Site, and your continued use of the Platform thereafter means that you accept those changes.

20. Governing Law and Disputes.

20.1. These Terms and any disputes between you and LinksInsider shall be governed by the laws of Ukraine, without reference to its conflict of laws rules.

20.2. The exclusive jurisdiction and venue for all disputes between you (and your Organization) and LinksInsider shall be the courts located in Kyiv, and each party hereby irrevocably consents to the jurisdiction of such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms. Notwithstanding the foregoing, LinksInsider reserves the right to seek injunctive relief in any court in any jurisdiction.

21. General.

We reserve the right to discontinue or modify any aspect of the Site or Platform at any time. Section headings in these Terms are provided for convenience only and have no substantive effect on construction. If any provision of these Terms is held to be unenforceable, these Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms, and the Privacy Policy, represent the complete agreement concerning the Platform and the Site between you and LinksInsider and supersede all prior agreements and representations related to the subject matter hereof.

If you have any questions or comments regarding this Privacy Policy, our Terms of Service, or this System, please feel free to contact us by e-mail at info@linksinsider.com