Terms & Conditions
Terms last updated: 28 June 2024
Table of Contents
- Introduction and Acceptance of Terms
- Amendments to the Terms
- Account Creation, Representation, and Responsibilities
- Username Selection and Usage
- Subscription Plan, Free Trial, and Cancellation
- User Content and Compliance
- Rights and Usage of User Content
- Account Suspension and Termination
- Responsibilities Regarding End Users
- User Feedback and Beta Testing
- Platform Usage and Intellectual Property
- Subscription Fees and Payments
- Privacy and Data Ownership
- Confidentiality
- Liability
- Disclaimers
- General Provisions
- Third-Party Products and Services
- Applicability of Consumer Laws
- Questions or Comments
Section 1: Introduction and Acceptance of Terms
1.1 Purpose of the Terms
These Terms and Conditions (hereinafter referred to as "Terms") govern your access to and use of the services provided by Plink.bio, including but not limited to our website [https://www.plink.bio], mobile applications, and any related software, features, or functionalities (collectively, the “Platform”).
1.2 Parties
In these Terms, the terms “we,” “us,” and “our” refer to Plink.bio and its affiliate entities. The term "you" or “user” refers to the individual or entity accessing or using the Platform.
1.3 Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. This includes agreement to comply with any additional policies linked within these Terms and made available on the Platform. If at any point you do not agree to these Terms, you must immediately cease use of the Platform and, where applicable, close your account.
1.4 Capacity to Accept Terms
By using Plink.bio, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements such as these Terms.
1.5 Contact and Queries
Should you have any questions regarding these Terms, or require any clarification, you are encouraged to contact us. If you do not agree with any part of these Terms, please refrain from using Plink.bio.
Section 2: Amendments to the Terms
2.1 Right to Amend
Plink.bio reserves the right to modify, alter, or otherwise update these Terms at any time. Such amendments may be necessitated by the evolution of our services, legal or regulatory changes, introduction of new features, discontinuation of existing functionalities, or for the protection of our legitimate business interests.
2.2 Notification of Amendments
Plink.bio commits to providing timely notice of any significant modifications to these Terms that materially affect your use of the Platform. Such notice shall be given at least thirty (30) days prior to the effective date of the changes and may be delivered via notifications on the Platform, email, or other means deemed appropriate by Plink.bio.
2.3 Acceptance of Amended Terms
Continued use of the Platform after the effective date of any changes to these Terms constitutes your binding acceptance of such changes. If you do not agree to the amended Terms, you are advised to discontinue the use of the Platform and, where applicable, terminate your account with Plink.bio.
2.4 Responsibility to Review Terms
It is your responsibility to regularly review these Terms to stay informed of any changes. Plink.bio will not be liable for any failure on your part to stay updated on the modifications to these Terms.
Section 3: Account Creation, Representation, and Responsibilities
3.1 Eligibility and Representation
You, as a Creator, must be at least eighteen (18) years of age to create an account on Plink.bio. In creating an account on behalf of an individual or entity other than yourself, you represent and warrant that you have the legal authority and necessary consent to bind such individual or entity to these Terms.
3.2 Accurate Information and Updates
Upon registering for a Creator account on Plink.bio, you shall provide true, accurate, current, and complete information as prompted by the registration process and shall promptly update such information to maintain its accuracy throughout your use of the Platform.
3.3 Security and Confidentiality
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You agree to notify Plink.bio immediately of any unauthorized use of your account or any other breach of security. Plink.bio shall not be liable for any loss or damage arising from your failure to comply with this requirement.
3.4 Prohibition of Account Transfer
Your account is personal to you and may not be transferred, assigned, or otherwise managed by any third party without express written consent from Plink.bio. Any attempt to do so in contravention of this clause shall be deemed a violation of these Terms and may result in account termination.
3.5 Compliance with Laws
You agree to use your account in full compliance with all applicable local, state, national, and international laws, rules, and regulations. You shall not use your account in any manner that infringes the rights of any third party or violates any agreement, policy, or standard of conduct established by Plink.bio.
Section 4: Username Selection and Usage
4.1 Username Requirements
Upon establishing your account with Plink.bio, you are required to select a username. This username must:
4.2 Compliance and Enforcement
Plink.bio reserves the right to review and evaluate your username for compliance with these criteria. In the event your username is found to be in violation of these Terms, we may:
4.3 Intellectual Property Claims
Should a third party assert that your username infringes upon their intellectual property rights, they are required to submit a formal Intellectual Property report to Plink.bio. You will be provided with an opportunity to respond to such claims, potentially via a Counter Notice, under the procedures outlined in these Terms.
4.4 Inactivity and Username Reclamation
Plink.bio maintains the right to reclaim or reassign usernames associated with accounts that demonstrate prolonged inactivity, defined as a period of six (6) months without login, addition of new links, or significant traffic. Prior to any such action, we will attempt to notify you using the contact information associated with your account.
Section 5: Subscription Plan, Free Trial, and Cancellation
5.1 Subscription Plan and Free Trial
Plink.bio offers a paid subscription plan. Upon registering, users may opt for a free trial period, the duration of which will be specified at the time of sign-up. The free trial offers temporary access to the features of the paid plan. At the end of the free trial period, unless cancelled, the subscription will automatically convert to the paid plan.
5.2 Subscription Commitment
The subscription to the paid plan begins upon the expiration of the free trial period and will continue on a recurring basis until terminated by the user or Plink.bio. The specific terms, including billing cycle and fees, will be provided at the time of subscription initiation.
5.3 Cancellation Policy
may cancel their subscription at any time. Cancellation must be executed through the designated subscription management area on Plink.bio, accessible via https://www.plink.bio/subscription. Cancellation requests must be made prior to the end of the current billing cycle to avoid charges for the subsequent cycle.
5.4 Refund Policy
All payments made to Plink.bio are generally non-refundable. However, if a user cancels the paid plan within a stipulated time period from the commencement of the paid subscription (typically within seventy-two (72) hours), Plink.bio, at its discretion, may consider issuing a refund. Requests for such refunds should be submitted to support@plink.bio.
5.5 Account Deletion
Should a user decide to permanently delete their account, this action can be taken through the 'My Account' section on Plink.bio. Be advised that deletion of your account is irreversible. Once an account is deleted, the user will be unable to recover any previously added content or information.
Section 6: User Content and Compliance
6.1 Content Responsibility
As a user of Plink.bio, you are responsible for any text, graphics, videos, links, and other materials (collectively, "Content") that you post or share on the Platform. You represent and warrant that:
- You either own the Content or possess necessary licenses, rights, consents, and permissions to use and authorize Plink.bio to use all intellectual property rights in and to any Content, in accordance with these Terms.
- The Content complies with all applicable laws, does not infringe upon the rights of others, including privacy, publicity, intellectual property, and does not contain any libelous, defamatory, obscene, harmful, or otherwise illegal material.
- The Content is devoid of viruses, malicious software, or any other harmful code that might affect the operation of the Platform or compromise user safety.
6.2 Compliance with Community Standards
Your use of the Platform, including the posting of Content, must adhere to the established Community Standards of Plink.bio. Non-compliance with these standards may result in the suspension or termination of your account and removal of Content.
6.3 Prohibited Content
You agree not to post Content that is misleading, deceptive, or in any way manipulative. Additionally, the use of automated data collection tools, scripts, or scraping tools on the Platform is strictly prohibited. Unauthorized advertisements, solicitations, or endorsements are also forbidden.
6.4 Right to Monitor and Enforce
Plink.bio reserves the right, but not the obligation, to monitor and review Content for compliance with these Terms. Plink.bio may remove or restrict access to any Content that is found to be in violation of these Terms or deemed harmful to the Platform or its users.
6.5 Variation in Legal Standards
Due to varying legal standards across different jurisdictions, Plink.bio may prohibit Content that is legal in certain regions but not in others. Plink.bio retains the right to take necessary actions to ensure the safety and integrity of the Platform.
Section 7: Rights and Usage of User Content
7.1 Grant of License
By posting content on your Plink.bio profile, you hereby grant Plink.bio a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, publicly display, distribute, modify, adapt, and create derivative works from your content. This includes the use of your name, image, voice, photograph, likeness, and any personal attributes included in the content, both on the Platform and in our marketing across all media.
7.2 Retention of Rights
While granting us the aforementioned license, you retain all rights, title, and interest in your content. You acknowledge that once posted, your content will be publicly accessible and may be used, shared, or re-distributed by other users on Plink.bio and across the internet.
7.3 Third-Party Rights
You warrant that you have secured all necessary third-party rights and permissions required to post the content on Plink.bio and to grant the aforementioned license to us. This includes any and all intellectual property rights, privacy rights, and publicity rights.
7.4 Personal Information
You are advised against sharing personal information within your content that you do not wish to be publicly visible. This includes, but is not limited to, social security numbers, passport details, and other sensitive personal information. Posting another individual's personal information is permissible only with their explicit consent and appropriate documentation of such consent.
7.5 Content Moderation
Plink.bio reserves the right, though not the obligation, to monitor, modify, remove, or restrict access to any content posted on the Platform at any time, in accordance with these Terms. This includes the application of sensitive content warnings to content deemed unsuitable for all audiences by Plink.bio.
Section 8: Account Suspension and Termination
8.1 Grounds for Suspension or Termination
Plink.bio reserves the right to suspend or terminate your account, or take other necessary actions, should you fail to comply with these Terms. Such actions may include, but are not limited to, modifying your access to the Platform or changing your subscription plan in cases of non-payment or other breaches of these Terms.
8.2 Process and Notification
The specific actions taken by Plink.bio will be determined based on the severity and frequency of the breach. While Plink.bio endeavors to provide prior notice of any suspension or termination of your account, this is not an absolute obligation. Plink.bio retains the discretion to act without prior notification in accordance with the nature of the non-compliance.
8.3 No Refund Policy
In the event of suspension or termination of your account, please be advised that any fees paid in advance are generally non-refundable.
8.4 Dispute Resolution
Should you contest the suspension or termination of your account, or have any disputes regarding these Terms or the Platform, you are encouraged to contact Plink.bio at support@plink.bio. Plink.bio is committed to resolving such issues in good faith. Both parties agree to a minimum one-month period of collaborative effort to resolve the dispute before initiating any legal action.
Section 9: Responsibilities Regarding End Users
9.1 Interaction with End Users
As a creator on Plink.bio, your interactions with profile visitors, known as “End Users,” should be conducted in a manner that is respectful, professional, and compliant with Plink.bio's Community Standards. You are expected to maintain a high standard of conduct in all communications and content shared with End Users.
9.2 Prohibited Activities
In your role as a creator, it is imperative that you refrain from engaging in any activities with End Users that could be construed as unauthorized, deceptive, or harmful. This includes, but is not limited to, fraudulent behavior, misrepresentation, harassment, and any other activities that undermine the integrity of the Plink.bio community.
9.3 Responsibility for Content Shared with End Users
You bear sole responsibility for the content you share with End Users. This content should not be offensive, infringing upon others' rights, or otherwise in violation of legal standards. Plink.bio reserves the right to enforce these Terms, which may include content moderation, removal, or account suspension, should your content or conduct with End Users be found in violation.
Section 10: User Feedback and Beta Testing
10.1 User Feedback
Preserving Life's Chapters for Tomorrow's Echoes - At Watson Schiffsun, we harness the power of AI to create a digital memory bank, activate your AI biographer to meticulously archiving life stories and memories. Our mission is to transform these personal histories into a virtual life experience, enabling generations to connect with and celebrate their past in a vivid, enduring way.
10.2 Beta Functionality
Plink.bio may occasionally offer you access to "beta" versions of new functionalities or features for the purpose of testing and evaluation. You acknowledge that these beta functionalities are still under development, may contain errors or inaccuracies, and may not function with the same level of stability or reliability as other features of the Platform. Your use of any beta functionality is entirely at your own risk.
Section 11: Platform Usage and Intellectual Property
11.1 Limited License to Use the Platform
Plink.bio grants you, the user, a limited, revocable, non-exclusive, and non-transferable right to use the Platform solely for the purpose of creating, displaying, using, playing, and uploading content in accordance with these Terms. This license does not extend to the commercial use of the Platform, its services, or any other Plink.bio IP, except as expressly permitted by Plink.bio.
11.2 Intellectual Property Ownership All intellectual property rights in the Platform, its functionalities, features, and content (excluding user-generated content), collectively referred to as “Plink.bio IP,” are the exclusive property of Plink.bio or its licensors. You acknowledge that you do not acquire any ownership rights in the Plink.bio IP by using the Platform. Any use of the Plink.bio IP, including the brand name, logo, or trademarks, without prior written consent from Plink.bio, is strictly prohibited.
Section 12: Subscription Fees and Payments
12.1 Subscription Fees
As a user of Plink.bio's paid subscription plan, you are obligated to pay the subscription fees as established at the time of your subscription. These fees are typically denominated in United States Dollars (USD) and are exclusive of any applicable state or local sales taxes. The exact nature and amount of such taxes will depend on the jurisdiction in which the transaction occurs.
12.2 Automatic Renewal
Your subscription to Plink.bio will automatically renew at the end of each billing cycle under the then-current Terms, unless you elect to cancel your subscription prior to the renewal date. You are responsible for maintaining up-to-date billing information, including a valid payment method, to facilitate uninterrupted service and billing.
12.3 Billing and Payment Failure
In the event of a failure in the automatic billing process, Plink.bio will issue an online invoice for the outstanding fees, which you are required to settle within the specified timeframe. Failure to comply with payment obligations may result in suspension or termination of your subscription, as outlined in Section 8 of these Terms.
Section 13: Privacy and Data Ownership
13.1 Commitment to Privacy
Plink.bio prioritizes the protection of privacy for all its users, including creators and Profile Visitors. Our Privacy Notice, which is integral to these Terms and accessible on the Plink.bio platform, details the methods of personal data collection, usage, and management.
13.2 Ownership of Data
All data generated through your use of the Platform, including but not limited to data from Profile Visitors, along with any associated intellectual property rights, is the exclusive property of Plink.bio. This encompasses any Data Analytics provided to you as part of our service offerings. Plink.bio endeavors to ensure the accuracy and completeness of these analytics but does not guarantee them as such.
Section 14: Confidentiality
14.1 Obligation of Confidentiality
In the course of your use of Plink.bio, we may share with you confidential information pertaining to the Platform, such as details of upcoming features or beta programs. You are obliged to maintain the confidentiality of any such information disclosed to you and to implement reasonable measures to prevent unauthorized access or disclosure.
Section 15: Liability
15.1 Limitation of Liability
Plink.bio is not liable for the manner in which you use the Platform, including any damages arising from downloading, installing, or utilizing the Platform. It is your responsibility to ensure your content and devices are adequately protected and backed up.
15.2 Indemnification
You agree to indemnify and hold Plink.bio harmless from any losses arising from your breach of these Terms or any claims brought against Plink.bio related to your content.
15.3 Exclusion of Damages
Neither Plink.bio nor its affiliates will be liable for any indirect, punitive, special, incidental, or consequential damages, including but not limited to loss of business, revenue, profits, data, privacy, goodwill, or other economic benefits.
15.4 Cap on Liability
Our total liability to you under these Terms or related to the Platform will not exceed the greater of the total fees paid by you to Plink.bio in the 12 months preceding the claim or $100.
Section 16: Disclaimers
16.1 No Warranties
The Platform, including all content therein, is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. Plink.bio disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of performance, course of dealing, or usage in trade.
16.2 Use at Your Own Risk
Your use of the Plink.bio Platform and any content therein is solely at your own risk. Plink.bio, its affiliates, and licensors do not guarantee the accuracy, reliability, completeness, or timeliness of the content on the Platform, nor do they warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
Section 17: General Provisions
17.1 Entire Agreement
These Terms constitute the entire agreement between you and Plink.bio regarding the use of the Platform and supersede all prior agreements and understandings, whether written or oral, concerning the subject matter hereof.
17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
17.3 Waiver
The failure of Plink.bio to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Plink.bio is established, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
Section 18: Third-Party Products and Services
18.1 Collaboration with Third Parties
Plink.bio may integrate or collaborate with various third-party products and services. This may include, but is not limited to, features such as payment portals, online stores, or other functionalities provided by third parties within the Platform.
18.2 Third-Party Terms and Conditions
Your use of any third-party product or service accessed via Plink.bio is subject to the terms and conditions of the respective third party. You are responsible for reviewing, understanding, and agreeing to these third-party terms. Compliance with these terms is essential for the continued use of the related services on the Platform.
18.3 Consequences of Non-Compliance
Failure to accept or adhere to the terms and conditions of third-party services may result in suspension, cancellation, or limitation of your account or access to these services on Plink.bio. Plink.bio is not liable for refunds or compensations for transactions or interactions occurring with third-party entities.
Section 19: Applicability of Consumer Laws
19.1 Compliance with Consumer Laws
These Terms are intended to be compliant with and will be governed to the maximum extent permitted by applicable consumer protection laws. Nothing in these Terms aims to exclude, restrict, or modify any statutory consumer rights that cannot be lawfully limited or waived.
19.2 Limitation of Liability under Consumer Laws
In jurisdictions where Plink.bio is subject to consumer protection laws, such as the Australian Consumer Law, our liability for any breach of a statutory consumer guarantee, to the extent such breach can legally be limited, is restricted to either the re-supply of the services or the payment equivalent to the cost of re-supply.
Questions or Comments?
Please reach out to support@plinkbio.com for any inquiries related to these Terms.