Terms and Privacy

Terms and Conditions

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15. PLEASE READ THE AGREEMENT CAREFULLY.

These terms of service, together with any documents and additional terms they expressly incorporate by reference (collectively, these “Terms”), are entered into between Linkdrop Labs, Inc. (“Linkdrop,” “we,” “us” and “our”) and you or the company or other legal entity you represent (“you” or “your”), and constitute a binding legal agreement.

Please read these Terms carefully, as these Terms govern your use of our Portal and our Services, and expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to such use. By clicking “I agree” to these Terms or otherwise accessing or using our Portal or our Services, you accept and agree to be bound by and to comply with these Terms, including the mandatory arbitration provision in Section 12. If you do not agree to these Terms, you must not access or use our Portal or the Services.

You must be able to form a legally binding contract online either on behalf of a company or as an individual. Accordingly, you represent that: (a) if you are agreeing to these Terms on behalf of a company or other legal entity, you have the legal authority to bind the company or other legal entity to these Terms; and (b) you are at least 18 years old (or the age of majority where you reside, whichever is older), can form a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms. In addition to the foregoing, you also represent and warrant that you are not a citizen or resident of a state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Portal or the Services would be illegal or otherwise violate any applicable law.

Please carefully review the disclosures and disclaimers set forth in Section 9 in their entirety before using any software developed by Linkdrop. The information in Section 9 provides important details about the legal obligations associated with your use of the Linkdrop software. By accessing or using our Portal or our Services, you agree that Linkdrop does not provide execution or clearing services of any kind and is not responsible for the execution or clearing of transactions automated through Linkdrop open-source software.

1. Key Definitions

For the purpose of these Terms, the following capitalized terms shall have the following meanings:

‍1.1 “Affiliate” — With respect to a party to these Terms, any legal entity that, directly or indirectly controls, is controlled by, or is under common control with such party.
‍
‍1.2 “Applicable Law” — Any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or other directive, requirement or guideline, published or in force which applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any Governmental Authority having jurisdiction over Linkdrop, you, the Portal or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity.
‍
‍1.3 “Ether” — The Ethereum Blockchain utility token that may be used to purchase computational resources to run decentralized applications or perform actions on the Ethereum Blockchain.
‍
‍1.4 “Ethereum Address” — The unique public key cryptocurrency identifier that points to an Ethereum-compatible wallet to which Ether may be sent or stored.
‍
‍1.5 “Ethereum Blockchain” — The underlying blockchain infrastructure which the Portal leverages to perform portions of the Services.
‍
‍1.6 “Governmental Authority” — Includes any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority.
‍
‍1.7 “Portal” — The Linkdrop site located at www.Linkdrop.io, and all associated sites linked thereto by Linkdrop and its Affiliates, which includes, for certainty, Linkdrop’s decentralized application layer on the Ethereum Blockchain.
‍
‍1.8 “Services” has the meaning set out in Section 3.1.

2. Modifications to These Terms

We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, any and all such modifications are effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

3. Services

3.1 Services — The primary purpose of the Portal is to enable users to interact with smart contracts in order to wrap digital assets into links and QR codes (the “Services”). We will make reasonable efforts to notify you of any Ethereum Gas Charges before initiating any Services that require the use of the Ethereum Blockchain.

3.3 Conditions and Restrictions — We may, at any time and in our sole discretion, restrict your access to, or otherwise impose conditions or restrictions upon your use of, the Services or the Portal, with or without prior notice.

3.4 No Broker, Legal or Fiduciary Relationship — Linkdrop is not your broker, lawyer, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you regarding any other decisions or activities that you effect when using the Portal or the Services. Neither our communications nor any information that we provide to you is intended as, or shall be considered or construed as, advice.

3.5 Your Responsibilities — As a condition to accessing or using the Services or the Portal, you shall: (a) only use the Services and the Portal for lawful purposes and in accordance with these Terms; (b) ensure that, at all times, all information that you provide on the Portal is current, complete and accurate; and (c) maintain the security and confidentiality of your Ethereum Address.

3.6 Unacceptable Use or Conduct — As a condition to accessing or using the Portal or the Services, you will not: (a) violate any Applicable Law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws, such as the Bank Secrecy Act, each as may be amended; (b) infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Portal or the Services; (c) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (d) attempt to circumvent any content filtering techniques or security measures that Linkdrop employs on the Portal, or attempt to access any service or area of the Portal or the Services that you are not authorized to access; (e) use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities; (f) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Services or to extract data; (g) introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Portal or the Services; (h) provide false, inaccurate, or misleading information; (i) post content or communications on the Portal that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (j) post content on the Portal containing unsolicited promotions, political campaigning, or commercial messages or any chain messages or user content designed to deceive or trick the user of the Service; (k) use the Portal or the Services from a jurisdiction that we have, in our sole discretion, or a relevant Governmental Authority has determined is a jurisdiction where the use of the Portal or the Services is prohibited; or (l) encourage or induce any third party to engage in any of the activities prohibited under this Section 3.7.

3.7 Your Assumption of Risks — You represent and warrant that you: (a) have the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any generated Linkdrop; (b) have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits, risks and applicable compliance requirements under Applicable Law of any generated Linkdrop; (c) know, understand and accept the risks associated with your Ethereum Address, the Ethereum Blockchain, Ether and generated Linkdrops; and (d) accept the risks associated with generated Linkdrops, and are responsible for conducting your own independent analysis of the risks specific to any generated Linkdrop. You hereby assume, and agree that Linkdrop will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against Linkdrop, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.

3.8 Your Content You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any content that is available to other users via the Linkdrop Platform as a result of your use of the Portal (collectively, “Your Content”) through your use of the Services or the Portal, including, without limitation, for promoting Linkdrop (or its Affiliates), the Services or the Portal. You represent and warrant that: (a) you own Your Content or have the right to grant the rights and licenses in these Terms; and (b) Your Content and our use of Your Content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party’s rights.

4. Privacy Policy

Please refer to our privacy policy available here for information about how we collect, use, share and otherwise process information about you.

5. Proprietary Rights

5.1 Ownership of Services; License to Services Excluding any open source software (as further described in Section 5.2) or third-party software that the Portal or the Services incorporates, as between you and Linkdrop, Linkdrop owns the Portal and the Services, including all technology, content and other materials used, displayed or provided on the Portal or in connection with the Services (including all intellectual property rights subsisting therein), and hereby grants you a limited, revocable, non-transferable, license to access and use those portions of the Portal and the Services that are proprietary to Linkdrop.

5.2 Linkdrop License; Open Source Software License; Limitations The Portal and the Services are governed by the most recent version of the open source license commonly known as the “MIT License”, a copy of which (as it applies to the Portal and the Services) can be found at Github (as of the date these Terms were last updated) and any other applicable licensing terms for the Portal and the Services in these Terms (collectively, the “Linkdrop License”). You acknowledge that the Portal or the Services may use, incorporate or link to certain open-source components and that your use of the Portal or Services is subject to, and you will comply with any, applicable open-source licenses that govern any such open-source components (collectively, “Open-Source Licenses”). Without limiting the generality of the foregoing, you may not: (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Portal or the Services; (b) use the Portal or the Services for time-sharing or service bureau purposes; or (c) otherwise use the Portal or the Services in a manner that violates the Linkdrop License or any other Open-Source Licenses.

5.3 Trademarks Any of Linkdrop’s product or service names, logos, and other marks used in the Portal or as a part of the Services, including Linkdrop's name and logo are used for trademark purposes by Linkdrop, its Affiliates or its applicable licensors. You may not copy, imitate or use them without Linkdrop’s (or the applicable licensor’s) prior written consent.

6. Changes; Suspension; Termination

6.1 Changes to Services We may, at our sole discretion, from time to time and with or without prior notice to you, modify, suspend or disable, temporarily or permanently, the Services, in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.

6.2 No Liability We will not be liable for any losses suffered by you resulting from any modification to any Services or from any suspension or termination, for any reason, of your access to all or any portion of the Portal or the Services.

6.3 Survival The following sections will survive any termination of your access to the Portal or the Services, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 1, 4, 5, 6.3, and 7-14.

7. Electronic Notices

You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on the Portal or by emailing them to you at the email address you provide in connection with using the Services, if any. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team to request additional electronic copies of our Communications by filing a support request at hi@linkdrop.io.

8. Indemnification

You will defend, indemnify, and hold harmless us, our Affiliates, and our and our Affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of, or conduct in connection with, the Portal; (b) Ethereum Blockchain assets associated with your Ethereum Address; (c) any feedback or user content you provide to the Portal, if any; (d) your violation of these Terms; or (e) your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Linkdrop (or, at its discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Linkdrop wishes to settle, and if so, on what terms.

9. Disclosures; Disclaimers

Linkdrop is a developer of open-source software. All blockchain transactions between users of Linkdrop open-source software are executed peer-to-peer directly between and with control of the users’ digital wallets through blockchain smart contracts. You are responsible for complying with all laws and regulations applicable to your transactions, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), and the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”)

You understand that Linkdrop is not registered or licensed by the CFTC, SEC, or any financial regulatory authority. No financial regulatory authority has reviewed or approved the use of the Linkdrop open-source software. This website and the Linkdrop open-source software do not constitute advice or a recommendation concerning any commodity, security or other asset. Linkdrop is not acting as an investment adviser or commodity trading adviser to any person.

You understand that specific Linkdrops generated using the Linkdrop open-source software are may vary in legal nature within different jurisdiction, and that it is your responsibility to only use the Linkdrop Portal and Services in accordance with the Applicable Law of the jurisdiction of you or any receiver of Linkdrops generated by you. Linkdrops are not shares or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction.

Linkdrop does not own or control the underlying blockchain and non-blockchain software protocols that enable and are used in connection with generating Linkdrops. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. Linkdrop is not responsible for operation of the underlying protocols, and Linkdrop makes no guarantee of their functionality, security, or availability.

To the maximum extent permitted under Applicable Law, the Portal and the Services (and any of their content or functionality) provided by or on behalf of us are provided on an “AS IS” and “AS AVAILABLE” basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including, without limitation, the implied or legal warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Portal or the Services (including any data relating thereto) will be uninterrupted, available at any particular time or error-free. Further, we do not warrant that errors in the Portal or the Service are correctable or will be correctable.

You acknowledge that your data on the Portal may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted under Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third party providers, Internet outages, force majeure events or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control.

The disclaimer of implied warranties contained herein may not apply if and to the extent such warranties cannot be excluded or limited under the Applicable Law of the jurisdiction in which you reside.

10. Exclusion of Consequential and Related Damages

In no event shall we (together with our Affiliates, including our and our Affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Portal and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Ether, generated Linkdrop or any other product, service or other item provided by or on behalf of us, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is Linkdrop in any way responsible for the execution or settlement of transactions between users of Linkdrop open-source software.

11. Warranty Disclaimer

You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You release Linkdrop Labs from all liability for content you acquired or failed to acquire through the Service.

12. Sophistican and Risk of Cryptographic Systems

By utilizing the Service or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of public/private key cryptography, native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard (Github), and blockchain-based software systems.

13. Limitation of Liability

In no event shall we (together with our Affiliates, including our and our Affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Portal and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Ether, generated Linkdrop or any other product, service or other item provided by or on behalf of us, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder nor is Linkdrop in any way responsible for the execution or settlement of transactions between users of Linkdrop open-source software.

14. Dispute Resolution and Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Linkdrop and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. In addition, arbitration precludes you from suing in court or having a jury trial.

You and Linkdrop agree that any dispute arising out of or related to these Terms or our Services is personal to you and Linkdrop and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

15. Class Action Waiver

The parties further agree that any arbitration or other permitted action shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Linkdrop Labs AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Except for small claims disputes in which you or Linkdrop seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Linkdrop seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Linkdrop waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Linkdrop or relating in any way to the Services, you agree to first contact Linkdrop and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Linkdrop by email at hi@linkdrop.io. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Linkdrop cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, California, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Linkdrop agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Linkdrop, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Linkdrop agree that for any arbitration you initiate, you will pay the filing fee and Linkdrop will pay the remaining JAMS fees and costs. For any arbitration initiated by Linkdrop, Linkdrop will pay all JAMS fees and costs. You and Linkdrop agree that the state or federal courts of the State of California and the United States sitting in San Francisco, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Linkdrop will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by emailing us at hi@linkdrop.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13.

If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

16. Governing Law

The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Portal or the Services, will be governed by and construed and enforced in accordance with the laws of the State of California, as applicable, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the state and federal courts located in San Francisco, California will have exclusive jurisdiction. You waive any objection to venue in any such courts.

17. Miscellaneous

Any right or remedy of Linkdrop set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under Applicable Law, at law or in equity. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We will have no responsibility or liability for any failure or delay in performance of the Portal or any of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction. You may not assign or transfer any right to use the Portal or the Services, or any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. Headings of sections are for convenience only and shall not be used to limit or construe such sections. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Portal and the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

Privacy Policy

This Privacy Statement explains how Linkdrop Labs, Inc. (“Linkdrop”) collects, uses, and discloses information about you through its websites, including web applications, and other online products and services (collectively, the “Services”) or when you otherwise interact with us.

We may change this Privacy Statement from time to time. If we make changes, we will notify you by revising the date at the top of the Privacy Statement and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Statement whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

Your Information and the Blockchain

Blockchain technology, also known as distributed ledger technology (or simply “DLT”), is at the core of our business. Blockchains are decentralized and made up of digitally recorded data in a chain of packages called “blocks”. The manner in which these blocks are linked is chronological, meaning that the data is very difficult to alter once recorded. Since the ledger may be distributed all over the world (across several ‘nodes’ which usually replicate the ledger) this means there is no single person making decisions or otherwise administering the system (such as an operator of a cloud computing system), and that there is no centralized place where it is located either.

Accordingly, by design, a blockchains records cannot be changed or deleted and is said to be “immutable”. This may affect your ability to exercise your rights such as your right to erasure (“right to be forgotten”), or your rights to object or restrict processing, of your personal data. Data on the blockchain cannot be erased and cannot be changed. Although smart contracts may be used to revoke certain access rights, and some content may be made invisible to others, it is not deleted.

In certain circumstances, in order to comply with our contractual obligations to you (such as delivery of tokens) it will be necessary to write certain personal data, such as your Ethereum or other cryptocurrency wallet address, onto the blockchain; this is done through a smart contract and requires you to execute such transactions using your wallet’s private key.

In most cases ultimate decisions to (1) transact on the blockchain using your Ethereum or other cryptocurrency wallet address, as well as (2) share the public key relating to your Ethereum or other cryptocurrency wallet address with anyone (including us) rests with you.

IF YOU WANT TO ENSURE YOUR PRIVACY RIGHTS ARE NOT AFFECTED IN ANY WAY, YOU SHOULD NOT TRANSACT ON BLOCKCHAINS AS CERTAIN RIGHTS MAY NOT BE FULLY AVAILABLE OR EXERCISABLE BY YOU OR US DUE TO THE TECHNOLOGICAL INFRASTRUCTURE OF THE BLOCKCHAIN.IN PARTICULAR THE BLOCKCHAIN IS AVAILABLE TO THE PUBLIC AND ANY PERSONAL DATA SHARED ON THE BLOCKCHAIN WILL BECOME PUBLICLY AVAILABLE.

Collection of Information

Information You Provide To Us

We collect information you provide directly to us. For example, we collect information when you participate in any interactive features of the Services, fill out a form, engage in a transaction, apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your email address and any other information you choose to provide.

Automatically Collected Information

When you access or use our Services, we automatically collect information about you, including:

  • Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

Information Collected by Cookies and Other Tracking Technologies

We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies and how to disable them, please see “Your Choices” below.

Information We Collect from Other Sources

We may obtain information from other sources, including third parties, and combine that with information we collect through our Services.

Use of Information

We use the information we collect to provide, maintain, and improve our services. We may also use the information we collect to:

  • Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests;
  • Communicate with you about products, services, offers, and events offered by Linkdrop and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services; and
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Linkdrop and others.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Statement:

  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
  • In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Linkdrop or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
  • Between and among Linkdrop and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;
  • With your consent or at your direction.

Advertising and Analytics Services Provided by Others

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Linkdrop and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices (or http://www.youronlinechoices.eu if you are a resident of the European Economia Area).

Security

Linkdrop takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate business purposes, including to meet our legal or other regulatory obligations.

Transfer of Information to the U.S. and Other Countries

Linkdrop is based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

Residents of the European Economic Area

If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data.

Legal Basis for Processing

If you are a resident of the EEA, when we process your personal data we will only do so in the following situations: We need to use your personal data to perform our responsibilities under our contract with you (e.g., providing the Linkdrop services you have requested). We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services. You have consented to the processing of your personal data for one or more specific purposes.

Data Subject Requests

If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you can contact us as indicated below.

Questions or Complaints

If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see this web page.

Your Choices

Account Information

You may update, correct or delete information about you at any time by emailing us at hi@linkdrop.io. Please note that we may retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Promotional Communications

You may opt out of receiving promotional communications from Linkdrop by following the instructions in those communications or emailing us at hi@linkdrop.io. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Cookie Policy

As described in our Privacy Policy, For general web-browsing of this website, your personal data is not revealed to us, although certain statistical information is available to us via our internet service provider as well as through the use of special tracking technologies. Such information tells us about the pages you are clicking on or the hardware you are using, but not your name, age, address or anything we can use to identify you personally. This Cookie Policy sets out some further detail on how and why we use these technologies on our website. The terms "Linkdrop", "we", "us", and "our" includes Linkdrop Labs. and our affiliates. The terms “you” and “your” includes our clients, business partners and users of this website. By using our website, you consent to storage and access to cookies and other technologies on your device, in accordance with this Cookie Policy.

What Are Cookies?

Cookies are a feature of web browser software that allows web servers to recognize the computer or device used to access a website. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you come back to the site or browse from one page to another. What are the different types of cookies? A cookie can be classified by its lifespan and the domain to which it belongs.

By lifespan, a cookie is either a:

  • Session cookie which is erased when the user closes the browser; or
  • Persistent cookie which is saved to the hard drive and remains on the user's computer/device for a pre-defined period of time.
  • As for the domain to which it belongs, cookies are either:
  • first-party cookies which are set by the web server of the visited page and share the same domain (i.e. set by us); or
  • third-party cookies stored by a different domain to the visited page's domain.

What Cookies Do We Use And Why?

We do not use cookies set by ourselves via our web developers (first-party cookies). We only have those set by others (third-party cookies). Cookies are also sometimes classified by reference to their purpose. We use the following cookies for the following purposes:

Analytical/Performance Cookies

They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it, as well as dates and times they visit. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Targeting Cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed, as well as time spent on our website, and the websites visited just before and just after our website. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

In general, we use cookies and other technologies (such as web server logs) on our website to enhance your experience and to collect information about how our website is used. This information is put together (‘aggregated’) and provides general and not individually specific information. None of this information is therefore associated with you as an individual and the cookie-related information is not used to identify you personally. It is therefore anonymized and ‘de-identified’. The pattern data is fully under our control and these cookies are not used for any purpose other than those described here.

We will retain and evaluate information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive. The information also helps us to understand which parts of this website are most popular and generally to assess user behaviour and characteristics to measure interest in and use of the various areas of our website. This then allows us to improve our website and the way we market our business.

This information may also be used to help us to improve, administer and diagnose problems with our server and website. The information also helps us monitor traffic on our website so that we can manage our website's capacity and efficiency.

Other Technoloies

We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of our website and other websites and online services.

Pixels tags. Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites and emails. Pixels tags may be used to learn how you interact with our website pages and emails, and this information helps us, and our partners provide you with a more tailored experience.

Device Identifiers. A device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyze and improve the performance of the website and ads delivered.

What Data are Collected By Cookies and Other Technologies on Our Website?

This information may include:

  • the IP and logical address of the server you are using (but the last digits are anonymized so we cannot identify you);
  • the top level domain name from which you access the internet (for example .ie, .com, etc);
  • the type of browser you are using;
  • the date and time you access our website;
  • the internet address linking to our website.

This Website Also Uses Cookies To

  • remember you and your actions while navigating between pages;
  • remember if you have agreed (or not) to our use of cookies on our website;
  • ensure the security of the website;
  • monitor and improve the performance of servers hosting the site;
  • distinguish users and sessions;
  • Improving the speed of the site when you access content repeatedly;
  • determine new sessions and visits;
  • show the traffic source or campaign that explains how you may have reached our website; and
  • allow us to store any customization preferences where our website allows this.

We may also use other services, such as Google Analytics (described below) or other third-party cookies, to assist with analyzing performance on our website. As part of providing these services, these service providers may use cookies and the technologies described below to collect and store information about your device, such as time of visit, pages visited, time spent on each page of our website, links clicked and conversion information, IP address, browser, mobile network information, and type of operating system used.

Google Analytics Cookies

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). We use Google Analytics to track your preferences and also to identify popular sections of our website. Use of Google Analytics in this way, enables us to adapt the content of our website more specifically to your needs and thereby improve what we can offer to you. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. In particular Google Analytics tells us:

  • your IP address (last 3 digits are masked);
  • the number of pages visited;
  • the time and duration of the visit;
  • your location;
  • the website you came from (if any);
  • the type of hardware you use (i.e. whether you are browsing from a desktop or a mobile device);
  • the software used (type of browser); and
  • your general interaction with our website.

As stated above, cookie-related information is not used to identify you personally, and what is compiled is only aggregate data that tells us, for example, what countries we are most popular in, but not that you live in a particular country or your precise location when you visited our website (this is because we have only half the information — we know the country the person is browsing from, but not the name of person who is browsing). In such an example Google will analyze the number of users for us, but the relevant cookies do not reveal their identities.

By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Google Analytics, its purpose and function is further explained on the Google Analytics website.

For more information about Google Analytics cookies, please see Google's help pages and privacy policy: Google's Privacy Policy and Google Analytics Help pages.

What If You Don’t Agree To Us Monitoring Your Use Of Our Website?

Enabling these cookies is not strictly necessary for our website to work but it will provide you with a better browsing experience. You can delete or block the cookies we set, but if you do that, some features of this website may not work as intended.

Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies and control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your device and you can set most browsers to prevent them from being placed. You should be aware that if you do this, you may have to manually adjust some preferences every time you visit an Internet site and some services and functionalities may not work if you do not accept the cookies they send. Advertisers and business partners that you access on or through our website may also send you cookies. We do not control any cookies outside of our website.

If you have any further questions regarding disabling cookies you should consult with your preferred browser’s provider or manufacturer. In order to implement your objection it may be necessary to install an opt-out cookie on your browser. This cookie will only indicate that you have opted out. It is important to note, that for technical reasons, the opt-out cookie will only affect the browser from which you actively object from. If you delete the cookies in your browser or use a different end device or browser, you will need to opt out again. To opt out of being tracked by Google Analytics across all websites, Google has developed the Google Analytics opt-out browser add-on. If you would like to opt out of Google Analytics, you have the option of downloading and installing this browser add-on which can be found under this link.

For users of Coinbase dApp

If you are using Coinbase Payment Link App (referred to as "the App") , a decentralized application (dApp) developed by Linkdrop Labs Inc, please read these specific separate Coinbase dApp - Terms and Conditions carefully. By accessing or using the App, you agree to be bound by these Terms and Conditions.