Agreement
Reviewing these terms carefully is crucial because they have a significant impact on the legal rights of both parties. They limit the liability of UAB “DPU SYSTEMS” for the Service, allow for modification of these terms by UAB “DPU SYSTEMS,” and include a waiver of class action.
These Terms of Service for Linker and all related policies and documents incorporated herein (collectively referred to as “Terms”) regulate your access to or use, download, initiation, or management of the Linker service, including its related software applications (collectively referred to as “Service”) on behalf of yourself or any legal entity or business (collectively referred to as “You” or “Your”). This is a legally binding agreement between You and UAB “DPU SYSTEMS”, a company located in Lithuania, Gedimino pr. 45-4, LT-01109 Vilnius.
By Using the Service, You acknowledge and accept these Terms. If You are Using the Service on behalf of or for the benefit of any legal entity, You confirm and represent to UAB “DPU SYSTEMS” that You have the authority to bind such legal entity to these Terms and agree to these Terms on behalf of the entity. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCEPT THESE TERMS, ACCESS, USE, DOWNLOAD, INITIATE, OR ADMINISTER THE SERVICE OR AUTHORIZE OR PERMIT ANY OTHER PERSON OR ENTITY TO DO SO.
Service
The Linker Service is provided on an “as-is” basis without support, and UAB “DPU SYSTEMS” does not commit to or guarantee any aspects related to the Service, including availability, uptime, performance, reliability, functionality, features, or any other operations or inoperations (including any Integration with third-party offerings). You acknowledge that the Service may experience interruptions, errors, or unavailability and that other users may export, save, store, record, or copy content transmitted or received through the Service in various ways. Furthermore, the Service should not be used for long-term data storage or backup purposes, and UAB “DPU SYSTEMS” is not responsible for any exported content or lost stored content. The use of mobile applications may also result in charges associated with third-party services.
UAB “DPU SYSTEMS” reserves the right to suspend, terminate, limit, modify, downgrade, or update the Service (including any features, functionalities, Integrations, or components) in its sole discretion, with or without notice, and without any obligation or liability to You or any other party.
It’s important to note that the Service should not be used in any application where failure, interruption, or malfunction could result in bodily injury, loss of life, or significant property damage. This includes emergency calls to emergency services like 911 or 112 numbers. UAB “DPU SYSTEMS” is not responsible for any claims, damages, or losses resulting from this limitation.
Use of the Service
By using the Service, you agree to abide by these Terms and all applicable laws and regulations, including obtaining any necessary consents, licenses, authorizations, permits, or rights. You are solely responsible for your use of the Service, including any content transmitted, streamed, communicated, recorded, received, or stored through it (“Your Content”). If you use any software applications provided by UAB “DPU SYSTEMS” in connection with the Service, you must install all upgrades, bug fixes, patches, and corrections related to the Service as soon as they are made available.
You are prohibited from taking any action or omission that could reasonably be expected to disrupt or compromise the Service’s integrity or security, or the privacy of any other users, or cause significant damage to the Service or UAB “DPU SYSTEMS.” Additionally, you agree not to use the Service for fraudulent, criminal, defamatory, harassing, or tortious purposes or to participate in illegal activities. You must not breach, violate, or infringe on any third-party’s intellectual property, privacy, or other rights, transmit or store materials containing viruses, Trojan horses, malware, or any similar programs or materials, misrepresent your caller ID information, transmit spam messages, or share obscene or inappropriate content.
You are not permitted to attempt to gain unauthorized access to the Service or any UAB “DPU SYSTEMS” network or system, remove or modify any branding, logos, or legal notices displayed with the Service, or forward or trunk extensions or numbers to private branch exchanges or other numbers that can process multiple calls simultaneously.
After using the Service, UAB “DPU SYSTEMS” may present you with information, solicitations, or advertisements for its services or products (“Branding”). If you are providing the Service to third-party users for commercial purposes, you must allow them to view and interact with the Branding for at least 15 seconds and not modify or remove it.
Using the Service does not grant you any ownership of its intellectual property or any UAB “DPU SYSTEMS” or third-party content accessed through it. You may only use such content with permission from its owner or as permitted by law. Also, You may not use any branding or logos used in the Service or belonging to UAB “DPU SYSTEMS” without permission.
You can stop using the Linker at any time. UAB “DPU SYSTEMS” may suspend, alter, or stop providing the Linker to you or any other party for any reason, with or without notice and without liability, including if you violate these Terms. The Linker is intended for reasonable use at acceptable volumes, limited to 25 Active End Points per calendar month across all your accounts. If you exceed this limit, UAB “DPU SYSTEMS” may limit your use and require you to transition to a paid service.
Your content
You retain ownership of any intellectual property rights in the content you submit. By using the Linker Service to transmit, stream, communicate, record, receive, or store content, you grant UAB “DPU SYSTEMS” and its partners a global license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your content. This license is only for the purpose of operating and enabling the Service to work as intended for you, and no other purposes. You must ensure that you have the necessary rights to grant this license for any content you submit.
If you provide a name or photo to associate with your use of the Service, we may display your name and photo alongside your content. We respect your preferences for sharing or visibility of your name and/or photo in the settings, and you may choose to set your settings so that your name and photo do not appear.
If you give feedback or suggestions about the Service, we may use it without obligation to you.
Privacy
To learn about how we handle your personal data and protect your privacy while using the Service, please refer to UAB “DPU SYSTEMS”‘s privacy policy at [insert link to privacy policy]. By using the Service, you agree that UAB “DPU SYSTEMS” can use your data in accordance with its privacy policy.
Software Applications for the Service
If the Service requires or includes downloadable software applications, the software may automatically update on your device when a new version or feature becomes available. UAB “DPU SYSTEMS” provides you with a personal, global, royalty-free, non-assignable, and non-exclusive license to use any software application provided to you as part of the Service. This license is solely for enabling you to use the Service as provided by UAB “DPU SYSTEMS” and in the manner permitted by these Terms.
Open source software is important to UAB “DPU SYSTEMS”. The Linker open source software is available under the Apache License, Version 2.0. Other software used in the Service may be available under the same or different open source license, which we will make available to you at www.linker.com and/or www.github.com/linker (or any other site designated by UAB “DPU SYSTEMS”). Some provisions in the applicable open source license may expressly override some of these Terms.
Integrations with Third-Party Offerings
Any offerings or applications provided by third-party providers that interoperate with or are used with the Service (such as third-party applications for which an Integration is available) are subject to Your agreement with the third-party provider and are not governed by these Terms. UAB “DPU SYSTEMS” shall not be liable for the actions, omissions, or offerings of any third-party provider.
Representations, Warranties, and Disclaimers
By agreeing to these Terms, You affirm that You are legally of age and fully able and competent to enter into and comply with these Terms. We reserve the right to terminate access to the Service without notice if we believe that You are underage or otherwise ineligible.
UAB “DPU SYSTEMS” strives to provide the Service with a commercially reasonable level of skill and care, and we hope that You find it enjoyable to use. However, there are some limitations to what we can promise about the Service.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, UAB “DPU SYSTEMS” AND ITS SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES OR COMMITMENTS ABOUT THE SERVICE, INCLUDING BUT NOT LIMITED TO THE CONTENT WITHIN THE SERVICE, SPECIFIC FUNCTIONS OF THE SERVICE, OR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS.”
SOME JURISDICTIONS PROVIDE IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.
Liability for the Service
WHERE PERMITTED BY LAW, UAB “DPU SYSTEMS,” ITS SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN ALL CASES, UAB “DPU SYSTEMS,” ITS SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER OR NOT EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND THEY APPLY ON A CUMULATIVE (AS OPPOSED TO PER-INCIDENT) BASIS.
Business Use of the Service
If you are using the Service as a legal entity or on behalf of a business (“Business User”), you agree to indemnify and hold UAB “DPU SYSTEMS,” its affiliates, officers, agents, and employees harmless from any claims, suits, or actions arising from your use of the Service or violation of these Terms. The Business User is responsible for ensuring that all participants who use the Service on its behalf comply with these Terms.
Class Action Waiver
The parties waive the right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding where any party acts or proposes to act in a representative capacity. No Action will be combined with another without the prior written consent of all parties to all affected Actions. If the class action waiver in this Section 11 is found to be illegal, invalid, or unenforceable as to all or some parts of a dispute, then Section 11 will not apply solely with respect to those parts. Instead, those parts will be severed and proceed in a court of law separately.
Other Important Terms
UAB “DPU SYSTEMS” may modify, change, amend, replace, or update these Terms or any additional terms that apply to the Service at any time and in any manner by updating the web page on which these Terms reside or otherwise notifying you. You should review these Terms regularly. Any modification, change, amendment, replacement, or update shall be effective on the date of such update to the applicable web page or notification, or on a later date specified by UAB “DPU SYSTEMS”. If you do not agree to the modified terms, you should stop using the Service.
These Terms do not create any third-party beneficiary rights.
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If a particular term is unenforceable, it will not affect any other terms.
The laws of the Republic of Lithuania, excluding Lithuania’s conflict of laws rules, will apply to any disputes arising from these Terms or the Service. All claims arising from these Terms or the Service will be litigated exclusively in the courts located in Vilnius, Lithuania. User and UAB “DPU SYSTEMS” agree to personal jurisdiction in those courts.