Terms & Conditions

Jan 08, 2023

The Terms and Conditions of use hereinafter referred to as TERMS, under which YOU can USE our SERVICES, are established here.

These TERMS are part of our LEGAL POLICIES therefore they are incorporated and adhered to these.

These TERMS represent a legally binding agreement between YOU and us and are freely accepted by YOU each time YOU USE our SERVICES.

IF YOU DO NOT ACCEPT THESE TERMS DO NOT USE OUR SERVICES.

Users who violate our LEGAL POLICIES may have their access to and use of our Services suspended or terminated, at our unilateral discretion.

1. Definitions

Legal Policies: plural group of legally binding agreements and contracts between you and us that delimit the relationship between both parties. All these agreements and contracts together constitute the legal provisions to be followed during the relationship between the parties. These legal policies include, but are not limited to: Download Policies, Refund Policies, Privacy Policies, Terms and Conditions, Limited Use License, Legal Notices, Regulation of Use of Email, among others which can be consulted at at all times and are freely accessible.

Our Websites/Website: are defined as any website or software under our control whether in part, in whole or otherwise. These sites include a wide variety of goods, products, images, content, servers, infrastructure and technological platforms including, but not limited to online services, online database, information, free document publication, online store, digital products , templates, formats, documents, study and survey systems, linking systems and access to third-party social networks, among others. At the same time, a system is offered that allows users to create their individual profile in which personal information of each user is generally included. Users (“Users”) are also permitted to create individual profiles, which may include personal information (“Profiles”), and make these Profiles, or aspects thereof, public. In addition, information about Users from publicly available third-party websites may be collected and this information may be used to create a profile or attached to an existing profile.

Services: mean the software as a service (SaaS) offered by linkipage.com consisting of a variety of analytics and user feedback products or other interfaces that allows you to access such application as further described on Our Site. Such applications and all our products, documents, templates, services, platform, software, apps, downloads, files, and/or “Our Websites” (collectively, “Services”).

YOU/Visitor/User: refer to all natural or legal entities of any nature that Use the Services for any reason. This includes, but is not limited to, any Human or Non-Human visitor accessing, visiting and/or otherwise interacting with the Services.

Use: Use, browse, visit, consult, have access, register and/or in any other possible way (directly or indirectly) interact with the Services.

Content: Refers to all texts, blogs, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, icons, sounds, audio files, software, videos, information, music, data, contacts, theories, concepts, methodologies, processes, illustrations, source code, programming, algorithms, programming lines and computer code which are collectively referred to as “Content” , including but not limited to the design, structure, selection, platform, conception, coordination, “Look and feel” and the arrangement of said Content, included in “Our Websites”.

2.Obligations

2.1. Eligibility

In order to use the Services, you agree that: a) you must be at least the “Minimum Age” (based on your place of residence) b) you can have multiples accounts, which must be under your real name; and c) You have never previously been restricted from using the Services. Creating an account with false information is a violation of these Terms.

2.2. Minimum Age

YOU must be 18 years of age or older (however, if the law requires you to be another age, the law will take precedence) to Use our Services, if YOU are under 18 years of age, you must Use to our Services under the supervision of a parent, legal guardian, or other responsible adult; who at all times will be responsible and legally joint guarantor for compliance and/or violation of our LEGAL POLICIES.

2.3 Non-Human Visitor

Any Non-Human visitor who accesses, visits and/or interacts in any way with Our Websites is considered an agent of the individual(s) who controls, authorizes or makes use of them. These persons (natural or legal) will be ultimately legally responsible for the behavior of their non-human visiting agents and will be joint guarantors if these agents commit violations of our LEGAL POLICIES.

2.4 Do Not

ALL USERS ACCEPT AND AGREE NOT TO DO THE FOLLOWING:

Use “deep-link”, “scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any part of our website, services or content; or in any way reproduce or circumvent the navigation structure or its presentation, to obtain or attempt to obtain any content, material, document or information through any means not expressly available through the Site. We reserves the right to prohibit any such activity.
Use the services in order to transmit, publish, distribute, store or destroy the content;
• in violation of these terms, or any applicable law or regulation, both local and international.
• in a way that infringes the laws of copyright, industrial property, trade secrets or any other intellectual property rights of third parties or in a way that violates the privacy, publicity or other personal rights of third parties, including, but not limited to, laws or regulations governing the collection, our processing or transfer of personal information, and/or in violation of Privacy Policies
• in a way that is defamatory, obscene, threatening or abusive.
Take any action that imposes an unreasonable or disproportionately large load on the technology infrastructure used to provide the services.
Using data mining, robots or similar compilers, programs or other type of collection code or extraction methods.
Attempt to gain unauthorized access to any portion or feature of our service, or any other system or network connected to the our Website through hacking, password mining, or any other illegitimate means.
Violating security or authentication measures.
Violating or attempting to violate the security of our services including attempting to probe, scan or test the vulnerability.
Forge any TCP/IP header or any part of the header information in any email or other electronic communication.
Reverse engineer or decompile any part of any of the services.
Add, copy or duplicate in any way any content.
Post any content or material that promotes or endorses false or misleading information or illegal activities, or condones or provides instructive information about illegal activities or other activities prohibited by law, including, but not limited to, money laundering activities, trafficking of drugs, illegal exploitation of human beings, invasion of someone’s privacy, creation of computer viruses or hacking the media, among others.
Using a false identity.
Search, track or reverse search any information about any other user.
Use any device, software or technology to interfere with the proper functioning of the services.
Share with a third party necessary access to the services.
Have access to data and/or information from third parties or not intended for you.
Connecting to a server or account that you are not authorized to access.
Send and/or deliver to us or our services any information that is incomplete, false or inaccurate or that is not yours; either voluntarily or involuntarily.
Send message(s) containing pages with restricted access, passwords, hidden images, etc.
Request passwords or personal identification information from other users.
Delete or modify any material posted by any other person or entity.
Harass, incite harassment, and/or advocate harassment of any group, company, or individual.
Make or send unsolicited mail, emails, phone calls, faxes.
Promote and/or advertise products or services of any kind to any user.
Contact users
Attempting to interfere with or affect the services by means of sending viruses, overloading, “folding”, “spamming”, “mailbombing”, “crashing”, “DDoS”, “BruteForce”, “SQL Injection”, “malware ” or any other type of cyber attacks.
Use our services to commit a crime or violate the law or carry out any other illegal activity.

3. Violation Of Our Legal Policies

USERS who violate our LEGAL POLICIES may face one or more lawsuits, locally or internationally, against them; which may include criminal proceedings and financial compensation.

You agree and understand that we, in our sole discretion and without prior notice, if we determine in our sole discretion that you are in breach of or have violated our LEGAL POLICIES including but not limited to any other agreements and/or guidelines that may be associated with Your use of our services; or in the event of the impossibility of verifying or authenticating any Information that you have submitted, we may: a) terminate and/or block your registration and access temporarily or permanently to Our Websites and its Services, b) delete all information that you have included in our Services.

You agree that we are not liable to you or any third party for termination of your access to our websites and services as a result of any violation of our LEGAL POLICIES.

You also agree that any violation by you of our LEGAL POLICIES will constitute an illegal and unfair business practice and will cause us irreparable harm, therefore, We may obtain any injunctive, sequestering or equitable relief that we deem necessary or appropriate, in such circumstances. These measures are in addition to any other legal remedies we may have under the law.

4. Additional Conditions For Registered Users

When you use our services and register by providing us with your Information, you also agree to the following conditions for registered Users.

4.1. Veracity

Any Information you submit must be accurate and true; and it must refer exclusively to your personal information, never to third parties.

You certify under oath that all information and data supplied by you is true, accurate and up-to-date. You also agree not to register false information and understand that it is prohibited to make wrong registrations (voluntary or involuntary) in fields or places that do not correspond to the requested information.

You agree and authorize us and our vendors to fully investigate all Information you have provided.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of the information provided and recorded by you.

You agree to keep your contact information up to date.

If You use our site or software on behalf of a legal entity (such as Your employer or a client), You represent and warrant that You have the authority to bind that legal entity. If you no longer have this authority, then you shall inform us and the legal entity shall provide us with a new authorized representative. We shall not be held liable should a person without the necessary authorization enter into this Agreement for and on behalf of a legal entity.

We reserve the right to access your account, the information that you have provided and the data you have stored with us for support, maintenance, servicing purposes, for any security-related, technical reasons, billing reasons or for any other reason we believe is necessary at our discretion.

Each user of your account shall comply with this agreement and you are responsible for acts or omissions by a user of your account in connection with their use of the software.

4.2. Responsibility For Your Information

You agree that you are solely responsible for the content of any data or Information you choose to upload, record, or share on our Services and for any consequences arising from such posting.

Therefore, by using the Services, you release us, as well as our directors, officials, employees, agents and affiliated companies from any liability, lawsuits and legal actions that may arise from injuries of any kind or damages to your person (natural or legal), related to your free choice to provide and / or publish data and Information in our Services.

4.3. Inactivity

We further reserve the right to delete your account and all of your information after a period of inactivity.

4.4 Password And Account Responsibility

It is your responsibility to maintain the confidentiality of Your Account information and passwords and to protect the Personal Data of Your end users when using the Software. You are also responsible for promptly notifying us of any known or suspected unauthorized use of your account, or breach of Your Account information. We will not be liable for any losses or damages that you may incur as a result of someone else using your username or password, either with or without Your knowledge, unless we has caused such losses or damages intentionally or with gross negligence.

5. Licensing

We do not grant users any license, by implication or otherwise, except for the LICENSE OF USE or any other expressly written in these Terms and/or our LEGAL POLICIES.

You understand and accept that none of the provisions contained in these agreements, except for the exceptions mentioned above, shall be understood or interpreted as a commercial concession or an exploitation license or any other right to exploit, commercialize or take advantage of our products, content and/or services.

You understand and agree not to assert any claim for patent rights, rights of invention, or property rights in or based on the Information and/or our products, Content, and/or Services.

Our products, Content, and/or Services will remain the exclusive property of us or our affiliated companies at all times and under all circumstances.

6. Privacy

Our PRIVACY POLICIES are part of these TERMS and are adhered to our LEGAL POLICIES.

By using our Services, you acknowledge and agree that our PRIVACY POLICIES govern your personal information.

Further you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information sent to us may be read or intercepted by unauthorized third parties, even if it is encrypted.

7. Security

All Users, without exception, regardless of their nature, are prohibited from intentionally or unintentionally violating or attempting to violate the security of the Services, including, but not limited to:

Access information that is not directed or authorized to said user or access servers or accounts to which the user is not authorized to access.
Attempting to test the vulnerability of a system or network without proper authorization or violating security or authentication measures.
Send unsolicited email, including promotions and/or advertising of products or services.
Try to interfere with the services provided to any user, company, web host, network system, etc. including, but not limited to, sending viruses, overloading, “foolding”, “spamming”, “mailbombing”, “SQL Injection”, “crashing”, “DDoS attacks” or any other type of cyber attacks.
Use data mining (Data Mining), robots or similar compilers, programs or other types of collection code or extraction methods;
Use any computer program or technological tool with the intention of damaging, interfering, intercepting or appropriating any system, data or information.
Carry out any of the activities prohibited in these TERMS with special attention in Numeral 5.
Violation of this article may result in various civil and criminal liabilities against you. We will investigate to the best of our abilities and that of our security providers the occurrence of events that may constitute violations of the foregoing and we will cooperate with any competent authority in the prosecution of users who are involved in such violations.

8. Links

Our Services and its Content contain or may contain internal links or links to third-party websites, these links are provided for the convenience of users only. We do not endorse, recommend or assume any responsibility for the content of third party websites.

If you decide to access through a links to a third party websites, you do so at your own risk and responsibility.

9. Availability

Our Services are accessible via the Internet for all users with an Internet connection. We care about maintaining the operation of our services uninterrupted (24 hours/7 days/365 days), however, we do not offer any guarantee of the availability or access to our services.

We do not assume any responsibility in the event of impossibility of accessing our services.

We reserve the unilateral right to temporarily or permanently interrupt the availability of our websites, services and/or content when we determine it appropriate without any reason for it.

You agree that we may, in our sole discretion and without notice, terminate your access to the Services or cease providing them for any reason, with or without cause.

We reserve the unilateral right to do the following, at any time and without notice.

10. Notice Of Non-Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OF ANY KIND, POSSIBLE, EXPRESS OR IMPLIED, AS TO THE USE OF THE SERVICES.

THE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY , SUITABILITY AMONG OTHERS.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THEREFORE, NO WARRANTIES OF ANY KIND ARE MADE. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES.

WE CANNOT ENSURE THAT ALL FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE COMPLETE, THEREFORE WE DO NOT PROMISE THAT THE SERVICE, PRODUCTS, INFORMATION OR CONTENT WILL BE ERROR-FREE, FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR OTHER HARMFUL MECHANISMS, OR THAT THEY WILL BE PROVIDED UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ITS USE WILL CAUSE SOME SPECIFIC RESULT. IN TURN, WE DO NOT GIVE GUARANTEES ON ITS ACCURACY, RELIABILITY AND UPDATING, THE SAME MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, ABOUT THE ACCURACY AND RELIABILITY OF THE SERVICES AND/OR THE INFORMATION.

11. Scope Of The Warranty Limitation

The above Warranty limitation applies to any damage, liability or injury caused by any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, alteration or use, including all kinds of damages of any kind or nature or any other damage that is or may be linked to or results from the Use or non-Use of Our products, Content, Information and Services, whether for breach of contract, tort, negligence or any other cause of action.

12. Liability For Damages

TO THE MAXIMUM EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL WE, OUR PARTNERS, SUPPLIERS, AGENTS, OFFICERS, EMPLOYEES OR ANY THIRD PARTY MENTIONED ON OUR WEBSITES BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL DAMAGES. OR CONSEQUENTIAL OR CONSEQUENTIAL DAMAGE, LOSS OF DATA, LOSS OF EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF INFORMATION, INCLUDING, AS A RESULT OF THE USE OF OR INABILITY TO USE OUR SERVICES OR THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IN THE EVENT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH USER ASSUME ENTIRE RESPONSIBILITY AND RISK FOR USE OF OUR SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICE OR CONTENT IS TO STOP USING THEM. THIS LIMITATION IS PART OF THE AGREEMENT BETWEEN YOU AND US.

13. Maximum Liability

IF OUR WARRANTY EXCLUSION IS FOUND INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON BY AN AUTHORITY WITH PROPER JURISDICTION, THE MAXIMUM LIABILITY ON THE PART OF US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) SHALL NOT EXCEED ONE HUNDRED PANAMANIAN BALBOAS.

14. Indemnification

You agree to indemnify us and hold us and our employees, directors and affiliated companies harmless from any claim, action or demand, including, but not limited to, legal and accounting fees, alleging or resulting from:

Any user content (including you).
Any other content or material present or included in our products and/or services.
The use of our services.
Breach of these terms.

15. Subscription Term

We provide a variety of subscription plans for our software. Our Site contains information about our plans. Taxes that may be applicable depending on the jurisdiction and are not included in the fees quoted on our site. Depending on you plan during the course of your subscription term, you may have the option to upgrade or downgrade your subscription. In these cases, the associated fees will be applied pro rata.

In some cases we offer trial period to our user to try our software in these cases; if you haven’t already, you will be asked for your payment information at the conclusion of the trial period. If you’ve already changed your payment method, a charge will be made to your account automatically on the day indicated in the billing section.

Unless the owner of your account upgrades or downgrades your subscription plan, at the end of the subscription term, You will be enrolled in an automatic renewing cycle for the same term. This is true for all subscription plans that require payment, including monthly, annual renewals or any other frequency period of time.

16. Data Processing

You may process information that qualifies as personal data of your end users and/or other protected information under the Panamanian laws by using our software, and we may process account data in accordance with our privacy policy and your documented instructions. You will be solely and exclusively responsible for the lawfulness of the processing of your end users’ personal data and other protected information. This includes obtaining any consent from your end users/customers that you are legally or contractually required to obtain.

We (linkipage.com) and you both acknowledge and agree that you are the controller of all personal data processed in accordance with this Agreement, and that we (the processor and/or service provider) may process personal data on your behalf.

Certain categories of personal data may be processed on your behalf by us depending on how you configure our software. End users of your websites which use our services are among the people whose personal data is processed.

You must follow all applicable laws when processing personal data in connection with the use of our software. To be clear, this includes any processing you do after exporting or downloading personal data from our software and then using it for business purposes. Your account may be terminated if you do not comply.

17. Term And Termination

We reserve the right to suspend and/or terminate your access to our website, software, and/or services at any time, for any reason with or wihtout cause.

In addition if you violate this Agreement or for any other reason, we reserve the right to immediately terminate or suspend your access to the Services without warning or liability; this include if you do not pay the fees when due in accordance with your subscription plan.

You may end this Agreement at any time during the subscription term or renewal term by canceling the subscription plan linked to your account.

In the event that the other party materially breaches this Agreement, either You or Us may terminate it for cause.

When the Services are terminated, the following things happen: (a) We stop providing the Services; (b) You remove all copies of our script from your website(s); (c) Any outstanding balance owed by you to us becomes immediately due and payable, and any collection costs incurred are added to the amount owed; (d) You are not entitled to any refunds of any usage fees or other fees; and (e) All of your historical report data is no longer accessible to you.

Additionally, you must remove all copies of our script from your websites. You understand and agree that the script may continue to track data on your websites automatically up until and unless it is removed from them.

18. Security

Your account is password-protected and should only be accessed by you or authorized parties. You must take precautions to prevent unauthorized use of your username and password. When using any shared computers or devices, keep in mind to log off after you are finished.

To prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction of your information and client data, we have put in place reasonable security measures. Limited and password-protected access, high security public and private keys, data encryption during processing, and SSL encryption for data transmission are a few examples of these security measures.

Please remember that no security system is impenetrable, though. Third parties may be able to access or intercept client data, information you give us, information we gather on your behalf, and/or information we gather about you. As a result, we are unable to guarantee the security of such data and are not liable if your account or client data is compromised by unauthorized third parties.

19. Advertising

You acknowledge and consent that we may use any of your marks, logos, and trade names to identify you as our user/customer in our digital footprint on the internet, in addition to any other marketing material of any kind, unless you expressly withdraw your consent to this clause by sending us an email.

20. Assignment

You agree that you will not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, the rights and obligations under these terms. Any attempt by you to assign, transfer or delegate will be null and void.

Nothing in this contract prevents us from assigning our obligations and liabilities arising from these Terms, whether by merger, purchase-sale or any other reason for such assignment.

21. Modifications

These terms can and will be modified, altered, edited or changed at our sole discretion without notice.

We at our own unilateral discretion and without notice to YOU may change, modify, add to or otherwise amend these Terms at any time.

For the above, we under no reason or circumstance will need authorization from you.

It is your responsibility to periodically review these terms in case they have changed.

22. Jurisdiction

We do not guarantee that the material can be legally accessed or viewed outside the territory of the Republic of Panama. Access to our products and Services including Content and Information may not be legal by certain persons or in certain countries. If you access them from a place located outside the territory of the Republic of Panama, you do so at your own risk and are responsible for compliance with applicable laws in your jurisdiction.

All of our legal policies are governed by the laws of the Republic of Panama. Jurisdiction for any claim arising from these legal agreements will be exclusively in the Republic of Panama.

23. Divisibility

If any provision, part, application or execution of these terms or our legal policies turns out to be invalid, inapplicable or null by mandate of an authority with competent jurisdiction, the rest of these documents and their provisions will remain in full force and effect.

24. General Provisions

24.1. Titles/Sections /Format:

The titles, sections and formats of our legal documents are for convenience of reference and will not affect the construction of any provision of our LEGAL POLICIES.

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

24.2. Currency

Unless expressly indicated otherwise, all figures, amounts or numbers that refer to money are expressed in dollars ($) legal currency of the United States of America.

24.3. Represetation

Unless expressly indicated otherwise, all figures, amounts or numbers that refer to money are expressed in dollars ($) legal currency of the United States of America.

24.4 Deposition

The parties state that they understand all the provisions of this contract with full use and enjoyment of all their physical and mental faculties and that they in turn accept all the provisions of this contract freely and voluntarily.

Effective Date Of This Terms Of Use:

This Terms of Use is effective the Effective Date set forth at the top of this document.