The website (“Site“) on which these terms and conditions of use (“Terms of Service“) appear is owned and operated by ILUVIA GLOBAL, LLC (“ILUVIA GLOBAL,” “we,” “our,” or “us“). The Site provides information, documents, tools, products, services, accounts, offers, and suggestions on the best way to use our product and services, Linkscop (collectively, “Services”). For these Terms of Service, “you” or “your” means the person accessing the Site and Services and any persons that allow others to provide information about themselves to us. ILUVIA GLOBAL and you may be referred hereinafter collectively as the “Parties” and individually as a “Party.“
THESE TERMS OF SERVICE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ILUVIA GLOBAL, LLC. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS OF SERVICE. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS SUBJECT TO THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE AND SERVICES IF YOU VIOLATE THESE TERMS OF SERVICE. BY CLICKING ON LINKS WITHIN THE SITE OR WEB PAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS OF SERVICE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES, OR ANY INFORMATION CONTAINED ON THIS SITE.
We reserve the right to amend these Terms of Service. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Service; however, we are not obligated to. By using the Site or Services after we have updated these Terms of Service, you are agreeing to the then-current version thereof.
ILUVIA GLOBAL, LLC is registered in California, United States, and has its registered office as well.
1. ADDITIONAL TERMS
The Services are intended primarily for commercial use. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.
By using or registering for a Service, you agree to these Terms of Service and our Data Processing Addendum. We also publish a Cookie Policy and Privacy Policy, which we encourage you to read to better understand how you can update, manage, access, and delete your information. You may also choose to print a copy of these policies for your records.
2. LINKSCOP ACCOUNT
To access the Site or certain Services, you may be asked to create an account by providing a valid email address and strong password. Your account will be created once you complete a registration form in accordance with the instructions provided. Concerning your account, you represent and undertake that: (a) all required information you submit is truthful and accurate, and you will maintain the accuracy of such information; (b) you will not allow your account profile to be used by any other unregistered user; (c) you will keep a secure password for the use of the Linkscop account, and such password will be changed as frequently as ILUVIA GLOBAL requires in its sole discretion, and that you will keep your password confidential; (d) you will permit ILUVIA GLOBAL or any of its licensors and/or agents to audit your account to establish compliance with these Terms of Service; and (e) you are at least eighteen (18) years of age and able to enter into contracts.
ILUVIA GLOBAL reserves the right, in our sole discretion and without notice to you, to suspend, terminate, modify, or delete your user account or your access to the Site or parts thereof if you are, or we suspect that you are, failing to comply with any of the provisions of these Terms of Service or the Data Processing Addendum or for any actual or suspected illegal or improper use of the Site. If you use multiple accounts, then ILUVIA GLOBAL may take action against all of your accounts. Any activity regarded as unlawful may be reported to law enforcement.
3. FEES, PAYMENT, BILLING
Subscription Fees
To access certain Services, you will be required to purchase a subscription that entitles you and any employees, agents, clients, and independent contractors whom you authorize (“Authorized Users“) to access and use the Services and Documentation (as defined in Section 4) (“User Subscription“). Except for free accounts, you must pay subscription fees in the manner set out in the “Subscription” and “Payment Method” sections of your ILUVIA GLOBAL dashboard (“Subscription Fees“). We will charge the Subscription Fees to your payment method on the specific payment date provided on the “Subscription” and “Payment Method” sections of your ILUVIA GLOBAL dashboard. If ILUVIA GLOBAL does not receive your payment within five (5) business days after the due date, ILUVIA GLOBAL is entitled to suspend your access to all or part of the Services while the invoice(s) concerned remain unpaid.
The length of your billing cycle will depend on the type of User Subscription you choose when you sign up for the Service. In some cases, your payment date may change. For example, if you change your User Subscription or if your User Subscription began on a day that is not in every month.
Renewal
Your User Subscription will automatically renew at the end of your subscription (“Anniversary Date“) unless you cancel your User Subscription following the next Cancellation section. If ILUVIA GLOBAL has not received a notice of cancellation and has not received payment by the Anniversary Date, ILUVIA GLOBAL may suspend, delete, or downgrade your Services to a free service. ILUVIA GLOBAL may delete any data that you have provided in your links and dashboard without notice in such circumstances.
Cancellation
“Activation Date” means the date on which ILUVIA GLOBAL makes the Services available to you. At any time after the Activation Date, you may cancel your User Subscription to a Service by providing thirty (30) days’ written notice to ILUVIA GLOBAL. ILUVIA GLOBAL may cancel your access to and use of a Service or discontinue any Service in its sole discretion at any time by providing thirty (30) days’ written notice. The Service will terminate automatically on the date specified in the cancellation notice. If the Party does not specify a cancellation date, the Service will terminate at the end of the then-current billing period. You will not be entitled to any refund if you cancel a Service before the Anniversary Date.
If for any reason ILUVIA GLOBAL cancels a Service or is no longer able to continue a Service, you will be entitled to a refund of Subscription Fees already paid, calculated pro rata, for the unexpired period of the User Subscription. In any case, a refund will not amount to more than the Subscription Fees you already paid.
ILUVIA GLOBAL reserves the right to cancel any Service immediately and without notice if you breach these Terms of Service or any other terms applicable to the Services or if ILUVIA GLOBAL reasonably suspects that you have breached these Terms of Service or any other terms applicable to the Services.
If you do not want your Services to renew, you must choose to cancel your Services on your Linkscop dashboard or notify us by sending an email to [email protected]. If you have a credit balance on your account, we will deduct any applicable Service Fees, Usage Fees, or termination fees before issuing a refund.
Payment Method
ILUVIA GLOBAL will invoice you in advance. You will provide ILUVIA GLOBAL with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to ILUVIA GLOBAL. If you provide credit card information to ILUVIA GLOBAL, you authorize ILUVIA GLOBAL to charge such credit card for all Services listed in your ILUVIA GLOBAL dashboard for the initial subscription period and any renewal subscription period(s) as set out in these Terms of Service. You are responsible for providing complete and accurate billing and contact information to ILUVIA GLOBAL and notifying ILUVIA GLOBAL of any changes to such information.
Usage and Volume Fees
If you exceed the applicable Usage Volume, you will pay ILUVIA GLOBAL’s then-current usage fees.
Changes to Price and Plans
ILUVIA GLOBAL may change its prices and plans at any time by providing notice on the Linkscop dashboard. ILUVIA GLOBAL may choose to reduce its prices for any promotional period. Any such price changes will take effect at the beginning of the next Subscription Term and will be applied pro-rata.
If you are on a monthly billing plan, ILUVIA GLOBAL may choose to increase its prices by providing notice via email. ILUVIA GLOBAL will provide notice of any price increase at least thirty (30) days before the beginning of the billing cycle in which such price increase will take effect. You may cancel your User Subscription without penalty by providing notice of cancellation to ILUVIA GLOBAL within fourteen (14) days of the effective date of the price increase.
Taxes
Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchase of Services hereunder. If ILUVIA GLOBAL has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, ILUVIA GLOBAL will invoice you and you will pay that amount unless you provide ILUVIA GLOBAL with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, ILUVIA GLOBAL is solely responsible for taxes assessed against it based on its income, property, and employees.
4. OUR OBLIGATIONS
ILUVIA GLOBAL will provide the Services and Documentation with reasonable care and skill. The Services are provided “as is.” ILUVIA GLOBAL aims to make the Services available 24/7. However, ILUVIA GLOBAL cannot guarantee that access to the Site, or parts thereof, will always be available or uninterrupted. The Services may be interrupted for reasons beyond our control. ILUVIA GLOBAL shall have no liability for any interruptions in the use of the Site or Services.
If there is any defect in the Services or Documentation, ILUVIA GLOBAL will correct or replace the defective Services or Documentation or refund the Subscription Fees paid for the defective Services or Documentation, provided that you notify ILUVIA GLOBAL in writing of the defects within 30 days of the Services being provided to you.
5. YOUR OBLIGATIONS
You shall comply with all applicable laws and regulations with respect to your activities under these Terms of Service. You shall use your best endeavors to prevent any unauthorized access to or use of, the Services and Documentation and, in the event of any such unauthorized access or use, promptly notify ILUVIA GLOBAL.
You shall ensure that all Authorized Users use the Services and Documentation in accordance with the terms and conditions of these Terms of Service and shall be responsible for any breach of these Terms of Service by any Authorized User.
You shall maintain complete and accurate copies of all information that you upload or submit to the Site or Services.
You shall ensure that you comply with ILUVIA GLOBAL’s Acceptable Use Policy as specified in Section 9.
You shall comply with all applicable data protection and privacy laws in connection with your use of the Services, including the Data Protection Addendum.
You shall be responsible for backing up your data regularly.
You shall not use the Services to store, process, or transmit any data that is illegal or infringes on the rights of others.
You shall use commercially reasonable efforts to prevent unauthorized access to or use of, the Services and Documentation and notify ILUVIA GLOBAL promptly of any such unauthorized access or use.
You shall not provide ILUVIA GLOBAL with any inaccurate information.
You shall comply with the ILUVIA GLOBAL policies for ILUVIA GLOBAL Services.
6. DOMAIN NAME SALES
ILUVIA GLOBAL does not sell or resell domain names. Auto-renewal is enabled by default for all domain names bought at your chosen provider. You may terminate your domain name subscription according to the terms of your provider before the auto-renewal date to avoid additional charges.
ILUVIA GLOBAL is not responsible for domain name availability or registration errors. You are responsible for ensuring the accuracy of your domain name registration and contact information before integrating it into our website.
7. THIRD-PARTY DOMAINS
Connecting third-party domains to the Services is your responsibility. ILUVIA GLOBAL has no liability for the use of third-party domains.
8. DOMAIN NAME DISPUTE RESOLUTION POLICY
Any disputes related to domain name registration follow the Uniform Domain Name Dispute Resolution Policy.
9. ACCEPTABLE USE POLICY
You shall not use the Services to violate any laws, regulations, or third-party rights. Prohibited activities include, but are not limited to:
*Unauthorized access to or use of data, systems, or networks; *Any activity that could interfere with the availability, stability, or proper functioning of the Services; *Attempt to probe, scan, or test the vulnerability of a system or network without proper authorization; *Use the Services for illegal purposes or to support illegal activities; *Engage in any fraudulent or misleading activity; *Violate the privacy or intellectual property rights of others; *Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature; *Engage in spamming, phishing, or any other form of unlawful advertising or marketing activities.
ILUVIA GLOBAL reserves the right to suspend or terminate your access to the Services if you violate the Acceptable Use Policy. In addition to suspension or termination, ILUVIA GLOBAL may report any illegal activities to the relevant authorities.
10. CHANGES TO SERVICES
ILUVIA GLOBAL may modify, discontinue, or retire any aspect of the Services. Changes will not materially affect your rights under these Terms of Service.
11. CONFIDENTIALITY
During the term of these Terms of Service and for 3 years thereafter, each Party shall maintain the confidentiality of all Confidential Information of the other Party, shall not use such Confidential Information for any purpose other than as expressly set forth herein, and shall not disclose, release, or disseminate such Confidential Information to any third party without the prior written consent of the other Party.
For purposes of these Terms of Service, “Confidential Information” means any information, whether oral, written, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, the Services and Documentation, ILUVIA GLOBAL’s business and marketing plans, technology and technical information, product designs, and business processes.
12. INTELLECTUAL PROPERTY
All intellectual property rights, including copyrights, patents, patent disclosures, inventions, designs, trademarks, trade secrets, and other proprietary rights (collectively, “Intellectual Property“) in the Site, Services, Documentation, and any content displayed on the Site or through the Services belong to ILUVIA GLOBAL or its licensors. You are granted no right or license with respect to any of the foregoing.
13. LINKS TO THIRD-PARTY SITES
The Site or Services may include links to third-party websites that are not owned or controlled by ILUVIA GLOBAL. ILUVIA GLOBAL has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that ILUVIA GLOBAL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
14. DISCLAIMER
ILUVIA GLOBAL makes no warranties, express or implied, regarding the Services, including any implied warranty of merchantability or fitness for a particular purpose. ILUVIA GLOBAL does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.
15. LIMITATION OF LIABILITY
ILUVIA GLOBAL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content.
16. INDEMNIFICATION
You agree to indemnify and hold harmless ILUVIA GLOBAL, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (a) your use of the Services; (b) your breach or violation of any of these Terms of Service; or (c) your violation of the rights of any third party.
17. GOVERNING LAW
These Terms of Service and any action related thereto will be governed by the laws of the United States, without regard to its conflict of laws provisions.
18. DISPUTE RESOLUTION
Any dispute, controversy, or claim arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Service to arbitrate, shall be determined by arbitration in Unites States before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
19. MISCELLANEOUS
Entire Agreement
These Terms of Service constitute the entire agreement between you and ILUVIA GLOBAL regarding the use of the Services and supersede all prior and contemporaneous agreements between the Parties.
Severability
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Waiver
The failure of either Party to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of these Terms of Service.
Payment
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Refunds
All fees and subscription charges are non-refundable. Cancelling your subscription on the same day that you sign up will not initiate a refund. It will only prevent your next billing cycle, depending on the plan.
Assignment
You may not assign your rights under these Terms of Service without our prior written consent. ILUVIA GLOBAL may assign its rights under these Terms of Service without condition.
Contact Information
ILUVIA GLOBAL, LLC