Terms of Use

1. Definitions

• "Service": Refers to the LinkbyMe platform, including link creation, monetization, and analytics tools.
• "End User": Any individual accessing or interacting with your LinkbyMe profile.
• "User Content": Data, links, images, or information you publish on the Service.
• "Processing Fees": Costs charged by third-party payment providers (e.g., Stripe, PayPal).

2. Acceptance of Terms

By using LinkbyMe (formerly "linkbyme"), you agree to these Terms. If you disagree, do not use the Service.

3. Description of Service

LinkbyMe provides a platform to create personalized link pages, offer digital subscriptions, monetize content, and access analytics tools.

5. Eligibility

• You must be at least 13 years old to use our service. If under 18, you need parental or guardian consent.
• To access monetization features, you must be at least 18 years old or the legal age in your jurisdiction.
• You must be of legal age in your jurisdiction to form a binding contract.

4. Account Creation

• You need an account to use our service.
• You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
• LinkbyMe is not responsible for any data breaches, disclosures, or losses resulting from your actions or the actions of third parties, including unauthorized access due to weak passwords or sharing of your credentials.
• Notify us immediately if you suspect unauthorized access to your account.
• You may not assign or transfer your account to anyone else.
• You are responsible for account security. Enable two-factor authentication (2FA) when available.
• LinkbyMe is not liable for breaches caused by weak passwords or unauthorized third-party access.

5. Username Policy

• Usernames must not infringe intellectual property or privacy rights, contain offensive language, or impersonate others.
• Usernames may be reassigned or removed if found in violation or after 6 months of inactivity (with prior notice).
• Username squatting is prohibited.

6. Subscriptions

• We offer paid plans, detailed at https://linkby.me/pricing.
• By subscribing, you agree to pay the applicable fees.
• Subscriptions auto-renew unless canceled. You may cancel anytime; access continues until the end of the billing cycle.
• All payments are non-refundable except as required by law. Refunds are available within 72 hours of purchase (or 14 days for EU users, as required by law). Contact support to request a refund.

7. Refund Policy

• All payments are non-refundable, except where required by law or otherwise stated in your plan.
• No refunds if your account is suspended or terminated due to violation of these Terms or other policies.
• If you purchased via a third-party (Apple/Google), request refunds through their channels.
• Refunds, if granted, will be processed using the original payment method whenever possible.

8. User Content & License

• You retain ownership of content you upload (profile info, links, etc.).
• By posting content, you grant LinkbyMe a worldwide, royalty-free license to use, display, adapt, and create derivative works for providing the service and in our marketing materials.
• Do not post personal or sensitive info you don’t want public. Posting third-party personal info requires their consent.

9. Prohibited Uses

• No illegal or unauthorized purposes.
• No content that is harmful, threatening, abusive, defamatory, obscene, or infringes on intellectual property rights.
• No interfering with the platform’s integrity or functionality.
• No unauthorized access, scraping, automation scripts, or malware.
• No unauthorized ads, solicitations, or endorsements.
• You must use LinkbyMe in good faith. Any bad faith use of the service, such as providing false information, impersonating others, or attempting to defraud the platform or other users, is strictly prohibited and may lead to immediate suspension or termination of your account.
• Violations may result in suspension or termination without refund.

10. Monetization & Commissions

• Access to monetization features requires eligibility (e.g. verified email, eligible country, compliance with terms).
• You must disclose affiliate links or paid partnerships as required by law. If LinkbyMe displays such disclosures, you must not remove them.
• Commissions may be subject to confirmation and paid monthly through third-party processors after required KYC procedures.
• LinkbyMe is not responsible for payments or arrangements with third-party affiliate networks.
• Monetization features may be changed or removed at any time with notice.
• Disclose affiliate links as required by law (e.g., "#ad" under FTC guidelines or "patrocinado" under Brazil’s Consumer Defense Code).

11. Third-Party Payments

• If you purchased a plan via Apple or Google, you must manage/cancel through their respective platforms. Refunds are subject to their policies.

12. Processing Fees

• Transactions are processed by third parties (e.g. Stripe, PayPal) and subject to their fees, deducted before your receipt of funds.
• LinkbyMe is not responsible for changes in processing fees by payment providers.

13. Responsibility for Visitors & Customers

• You are solely responsible for how visitors (“End Users”) interact with your profile and content, including any transactions.
• LinkbyMe is not liable for products/services sold or for donations collected through your page.
• Use of donation tools must be for personal support, not for fundraising on behalf of charities or causes.

14. Feedback & Beta Features

• Feedback and suggestions provided may be used freely by LinkbyMe, without obligation.
• Beta features may be unstable and are provided “as is”.

15. Confidentiality

• If you receive confidential information (e.g. via beta programs), you must keep it secure and not disclose it without consent.

16. Recommended Content

• LinkbyMe may recommend products/content based on user data. Recommendations do not constitute endorsements.

17. Intellectual Property

• LinkbyMe owns all rights in the service, including trademarks, software, and platform content (excluding your content).
• You may not use our intellectual property without written consent.
• Do not reverse-engineer or attempt to extract the platform’s source code.

18. Data & Analytics

• Data and analytics generated by LinkbyMe are owned by LinkbyMe.
• Any analytics provided are for informational purposes and accuracy is not guaranteed.

19. Open Source

• Parts of the platform may use open source components subject to their own licenses. In case of conflict, open source licenses prevail for those components.

20. App Terms

• Mobile apps may update automatically. App use is subject to these Terms and any app store policies.
• Upon account deletion, you must remove the app from your device.

21. Service Availability

• LinkbyMe strives to maintain service availability but does not guarantee uninterrupted or error-free access.
• We are not liable for downtime caused by third-party providers, network issues, or events beyond our control.

22. Content Removal

• We reserve the right to remove content that violates these Terms or applicable laws.
• If you believe your copyrighted work was infringed, notify us at [email protected] with the DMCA requirements.

23. Chargebacks & Disputes

• You are solely responsible for resolving disputes with End Users (e.g., refund requests, chargebacks).
• LinkbyMe may suspend payouts if chargebacks are linked to your account.

21. Copyright (DMCA)

• To report copyright infringement, send a notice to [email protected] with: (a) your contact info, (b) description of the work, (c) infringing URL, (d) statement of good faith, (e) signature.

22. Export Controls

• You agree not to use the service in countries under U.S. or EU sanctions (e.g., Iran, North Korea).

23. Force Majeure

• Force majeure includes but is not limited to: pandemics, strikes, government actions, and infrastructure failures.

24. Survival

• Sections on Intellectual Property, Liability, Confidentiality, and Privacy remain valid after account termination.

25. Sanctions Compliance

• You warrant that you are not on any sanctions list (e.g., OFAC, EU restrictive measures).

26. Disclaimer & Liability

• LinkbyMe is provided "as is" without warranties of any kind.
• No guarantee of uninterrupted or error-free service.
• We are not responsible for loss of data, profits, goodwill, or indirect damages.
• Our total liability is limited to the amount paid by you in the prior 3 months.
• Some jurisdictions may not allow limitations, so parts of this disclaimer may not apply to you.

27. Termination & Suspension

• We may suspend or terminate your account for violations or non-compliance, with or without prior notice.
• In case of repeated or material non-compliance, termination may be immediate and without refund.
• You are responsible for backing up your content before termination.
• We reserve the right to suspend or terminate your account at our sole discretion, at any time, for any reason, or for no reason, with or without notice.
• We may terminate accounts that are inactive for an extended period of time (such as 6 months), with or without prior notice.
• If you believe termination was in error, contact support before taking legal action. Both parties agree to try good-faith resolution for at least 30 days.

28. Privacy

• Your privacy is important. Our Privacy Policy explains how we handle your data. By using the service, you agree to the Privacy Policy.
• If you collect data from visitors, you must comply with privacy and data protection laws (e.g., LGPD, GDPR).
• We do not knowingly collect data from users under 13. If identified, such accounts will be terminated.
• Exercise data rights (access, correction, deletion) by emailing [email protected].

30. Governing Law

• These Terms are governed by the laws of Brazil. Disputes will be resolved in Brazil.
• For users in the European Union, disputes may also be subject to the jurisdiction of your country of residence.
• If any provision is invalid, the remainder remains effective.
• Non-enforcement of rights does not constitute a waiver.
• Mandatory mediation applies before litigation.

31. Changes to Terms

• Terms may be updated periodically. Significant changes will be notified by email or on the platform. Continued use signifies acceptance.
• In case of material negative change, we will attempt to provide 30 days' notice.

32. Entire Agreement

• These Terms supersede all prior agreements and constitute the entire understanding between you and LinkbyMe.

33. Legal Contact

• Direct legal inquiries to [email protected].