linkbay

Terms of Service

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing or using the Linkbay website and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and Linkbay. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of the Service constitutes acceptance of any modified Terms.

2. Description of Service

Linkbay provides website health scanning, link shortening, click tracking, and affiliate click verification services. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Distribute malware, viruses, or any other harmful code
  • Engage in phishing, fraud, or deceptive practices
  • Send spam or unsolicited communications
  • Infringe upon intellectual property rights
  • Harass, abuse, or harm another person or entity
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Service or servers
  • Use automated means to access the Service without permission
  • Create shortened links to illegal, harmful, or offensive content
  • Engage in affiliate fraud or commission manipulation
  • Circumvent any access restrictions or security measures

Violation of these prohibitions may result in immediate termination of your account and may expose you to civil and/or criminal liability.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by Linkbay and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. User Content

You retain ownership of any content you submit through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of operating and improving the Service. You represent and warrant that you have all necessary rights to grant this license and that your content does not violate any third-party rights or applicable laws. We reserve the right to remove any content at our sole discretion without notice.

7. Payment Terms

Paid features are billed in advance on a subscription basis. All fees are non-refundable except as required by law or as explicitly stated in these Terms. We reserve the right to change our pricing at any time. Price changes will be communicated in advance and will apply to subsequent billing cycles. Failure to pay may result in suspension or termination of your account. You are responsible for all applicable taxes.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; (d) the results of using the Service will meet your requirements; or (e) any information obtained through the Service is accurate or reliable.

Website health scans, security assessments, and phishing detection are provided for informational purposes only and should not be relied upon as the sole basis for security decisions. We make no guarantees regarding the accuracy, completeness, or timeliness of scan results.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINKBAY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO LINKBAY, IF ANY, DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Linkbay and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your content or data; (d) your violation of any third-party rights; or (e) any claim that your use of the Service caused damage to a third party.

11. Third-Party Services

The Service may contain links to or integrate with third-party websites, services, or resources. We are not responsible for the content, products, or services offered by third parties. Your use of third-party services is at your own risk and subject to their terms and policies. We do not endorse and are not responsible for any third-party content or services.

12. Affiliate and Merchant Services

Our click tracking and verification services are provided to assist with affiliate marketing operations. We do not guarantee the accuracy of hijack detection or click verification results. We are not responsible for disputes between affiliates and merchants. Users of our merchant API are solely responsible for how they use verification data and any actions taken based on such data. We disclaim all liability for lost commissions, false positives, false negatives, or any other damages arising from the use of our affiliate protection features.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Linkbay operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with applicable arbitration rules, except that either party may seek injunctive relief in any court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. 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.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Linkbay regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Email: hello@linkbay.io