Linkwy - Terms of Service

1. User Accounts

a.

You must provide accurate information during the registration process.

b.

You are responsible for maintaining the confidentiality of your account credentials.

c.

Your login may only be used by one person—a single login shared by multiple people is not permitted.

d.

You agree to notify us immediately of any unauthorized access to your account.

e.

We reserve the right to suspend or terminate accounts that violate our terms.

You represent and warrant that you are at least 18 years of age. The Company does not permit those under 18 to use the Service. By accessing or using the Service, you confirm that you have the legal capacity to enter into a binding contract.

2. Acceptable Use

You agree not to use our service for any illegal purposes or in violation of any applicable laws.

Prohibited activities include but are not limited to:

a.

Distributing malware.

b.

Conducting phishing operations.

c.

Sending spam.

d.

Engaging in any activity that imposes an unreasonable load on our infrastructure.

e.

Accessing or searching any part of the Service by any means other than our publicly supported interfaces (e.g., 'scraping').

To ensure the quality of service for all users, we reserve the right to limit or throttle your access to the Service if your usage significantly exceeds the average usage of other users (including but not limited to excessive bandwidth consumption, high request rates, or large file storage/retrieval). We may also disable high-bandwidth accounts or specific content that places a disproportionate burden on our infrastructure.

3. Browser Extensions

We provide browser extensions for Chrome and Firefox as part of our Service. By installing and using these extensions, you agree to these Terms. You acknowledge that:

a.

The extensions are provided 'as is' and may be updated automatically.

b.

You may not use the extensions to inject malicious scripts or interfere with the proper functioning of any website.

c.

We are not responsible for any compatibility issues with third-party browser modifications or other extensions.

d.

The extensions are intended solely for saving content to your Linkwy account.

4. User Shared Content

Our Service enables you to distribute your saved data—including individual links, notes, or other data via generated URLs ('Shared Content'). Regarding this feature, you acknowledge and agree that:

a.

Responsibility: You are solely responsible for the content you choose to share and the consequences of distributing it. You affirm that you have the necessary rights to share such content.

b.

No Duty to Monitor: Linkwy does not actively monitor Shared Content. However, we reserve the right, at our sole discretion, to remove or disable access to any Shared Content that is reported to us as violating these Terms, promoting illegal activity, or infringing upon intellectual property rights.

c.

License to Distribute: By utilizing sharing features, you grant Linkwy a worldwide, non-exclusive, royalty-free license to host, display, and distribute the specific content you have designated for sharing to your intended recipients (or the public, if you post the link publicly).

d.

Liability: Linkwy assumes no liability for the content, accuracy, or legality of any Shared Content. We do not endorse the views or opinions contained within links shared by users. Accessing content shared by other users is done at your own risk.

e.

Link Security: You understand that if you generate a "private" or "unlisted" link, the content will be accessible to anyone who possesses that link. We cannot prevent recipients from forwarding these links to others.

You agree not to post, upload, publish, submit or transmit any Content that:

a.

Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

b.

Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

c.

Is fraudulent, false, misleading or deceptive.

d.

Is defamatory, obscene, pornographic, vulgar or offensive.

e.

Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.

f.

Is violent or threatening or promotes violence or actions that are threatening to any person or entity.

g.

Promotes illegal or harmful activities or substances.

5. Intellectual Property

a.

All content, features, and functionality of our service are owned by Linkwy. You may not copy, modify, or distribute any portion of our service without explicit permission.

b.

You retain all rights and ownership of the content you submit to the Service. By uploading content, you grant Linkwy a worldwide, non-exclusive, royalty-free license to host, store, and display this content solely for the purpose of providing the Service to you.

6. Copyright Infringement and DMCA Policy

Linkwy respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement committed using the Linkwy service if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing a DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, Linkwy will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

a.

Identify the copyrighted work that you claim has been infringed.

b.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service or the exact location where such material may be found.

c.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

d.

Include both of the following statements in the body of the Notice: 'I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).', and 'I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.'

e.

Provide your full legal name and your electronic or physical signature.

All DMCA Notices should be sent to our designated agent at: [email protected]

Linkwy will terminate the user accounts of any user who is found to be a 'repeat infringer' of copyrighted content.

7. External Links Disclaimer

a.

Linkwy is not responsible for the content, accuracy, or opinions expressed in third-party websites linked to or stored within your account. Saving a link does not imply our endorsement of that site.

b.

You acknowledge and agree that Linkwy 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 third-party websites or services.

c.

Linkwy stores metadata (such as titles, headers and descriptions) associated with your saved links for display purposes but does not archive or permanently cache the full content of external websites. Any processing of the full page content is transient and temporary, occurring solely for the purpose of extracting metadata at the moment the link is saved. We do not claim ownership of any content from third-party sites.

d.

Metadata Extraction Availability: You acknowledge that our automated systems (used to fetch titles, headers, descriptions, and other metadata) may be blocked by certain third-party websites due to anti-bot measures, firewalls, or paywalls. Linkwy does not guarantee that metadata will be successfully retrieved for every URL you save. In such cases, the link will still be saved, but metadata may be absent or require manual entry.

8. Third-Party Trademarks

All third-party trademarks, logos, and favicons displayed on the Service are the property of their respective owners. Linkwy is not affiliated with, endorsed by, or sponsored by these trademark owners. The display of these trademarks is solely for the purpose of identifying the linked websites.

9. Termination

a.

We may terminate or suspend your account and access to our service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

b.

We reserve the right to delete free accounts that have been inactive for 12 months, with prior notice via email.

Upon termination, we will deactivate your account and schedule your personal data for deletion in accordance with our Privacy Policy. You may export your data prior to termination; we may retain limited information as required by law.

10. Privacy Policy

Your use of our service is also governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions.

11. Pricing Modifications

a.

In alignment with our continuous platform enhancement and service expansion initiatives, Linkwy reserves the right to adjust pricing structures and subscription fees with advance notice to users.

12. Service Modifications

a.

We reserve the right to modify or discontinue, temporarily or permanently, the service with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the service.

b.

We do not offer a Service Level Agreement (SLA) and do not guarantee any specific uptime. The Service may be subject to scheduled or unscheduled maintenance windows, during which it may be unavailable.

13. Warranty Disclaimer

The Service is provided on an 'as is' and 'as available' basis. Linkwy makes no representations or warranties of any kind, express or implied, regarding the operation of the Service, or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Linkwy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

14. Limitation of Liability

To the maximum extent permitted by law, Linkwy shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or data, use, goodwill, or other intangible losses, resulting from:

a.

Your access to or use of or inability to access or use the Service;

b.

Any conduct or content of any third party on the Service;

c.

Any content obtained from the Service;

d.

Unauthorized access, use or alteration of your transmissions or content.

In no event shall Linkwy's aggregate liability exceed the amount you paid the service in the past six months or 100 USD, whichever is greater.

15. Content Backups

While we perform regular backups of data, Linkwy does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Linkwy will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of your content. But you acknowledge that Linkwy has no liability related to the integrity of content or the failure to successfully restore content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

16. Indemnification

You agree to defend, indemnify, and hold harmless Linkwy from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or your violation of any term of these Terms.

You may not settle any claim unless the settlement unconditionally releases Linkwy of all liability.

17. Subscription & Cancellation

You may cancel your subscription at any time via your account settings. The cancellation will take effect at the end of the current billing period. You will continue to have access to the Service until the end of your billing period.

Linkwy may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter your billing information in order to sign up for the Free Trial. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees. Linkwy reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

18. Refunds and Right of Withdrawal

If you are a consumer based in the EU/EEA, you normally have the right to withdraw from a digital contract within 14 days. However, by creating an account and subscribing to the Service, you expressly request immediate delivery of the digital service and acknowledge that you thereby lose your right of withdrawal once the service has begun. Consequently, all subscriptions are non-refundable except as provided below.

In the event of a significant technical failure of the Service that prevents you from using the core features of Linkwy, and which we are unable to resolve within a reasonable timeframe, you may be entitled to a partial or full refund for the affected billing period in accordance with applicable consumer protection laws. Please contact support at [email protected] with details of the issue.

19. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated terms on our site and updating the "Last Updated" date. Your continued use of our service constitutes agreement to the modified terms.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

21. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

22. Feedback

You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

23. Informal Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Linkwy at [email protected].

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Poznań, Poland to resolve any dispute or claim arising from these Terms or the Service.

25. Export Control and Compliance

You represent and warrant that (i) You are not located in a country that is subject to a United States or European Union government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States or EU government list of prohibited or restricted parties.

26. Support

Technical support is provided via email and is available in English only. We strive to respond to support inquiries within a reasonable timeframe but make no guarantees regarding response times.

27. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

Terms and Conditions of Service