Scope and Subject of Contract
These contract terms shall apply for the use of LinkFacts offered on the website https://one.linkfacts.link. The web plateform is operated by LinkFacts S.A. as a cloud solution. This allows you to use the plateform stored and operating on by LinkFacts S.A. servers, via an internet connection during the term of this contract for your own purposes and to store and process your data with the aid of the software.
With submission of your order, respectively your registration as user on linkfacts.link, you agree to these contract terms in the plan applicable on conclusion of contract.
These contract terms shall also apply for future contract relationships.
You may at any time access, print, download and save these contract terms, even after conclusion of contract under the link “Terms of services”.
1 – Notice of Right of Revocation
As consumer, you have the right to revoke this contract within a period of 14 days without any requirement to provide a reason. The period within which the right of revocation may be exercised shall begin on the date of conclusion of contract. The timely dispatch of unambiguous notice of your decision to LinkFacts S.A. shall suffice to effect revocation of this contract. You may also submit this notice using the contact form accessible from our website, or by e-mail.
2 – Registration, Assurances on Registration, Conclusion of Contract
- In order to use our services, you must first register on linkfacts.link website. You may register only once and set up just one user profile. You may not use pseudonyms or artistic names and you expressly warrant that you are of full legal age at the time of registration.
- With your complete registration, you submit an offer to conclude a contract of use for the stipulated number of users (licences) and warrant that all data provided by you on registration are accurate and complete. You are obliged to notify us of any changes in your registration data without delay.
- LinkFacts shall accept this offer by activation of your user account for the services. As a result of this acceptance, the contract between you and us shall be concluded.
- “User” is any natural person who is entitled to use the software in accordance with the provisions of these Terms. Only persons who stand in relation to you with contracts of service, employment or apprenticeship can be entitled to use the software. Direct or indirect use by other persons shall be prohibited. You warrant that you have secured undertakings of compliance with these Terms from all users and insofar shall indemnify LinkFacts from all claims.
- You shall be obliged to keep the password you selected on registration and all other access data secret and to ensure that any staff granted access to these access data do the same LinkFacts will not divulge your password to third parties and shall at no time ask you for your password except when using the software.
- By representing and advertising products and services on our websites, we provide no binding offer to purchase certain products or services.
3 – Prices and Payment Terms
- LinkFacts offers registered users different plans on the website:
- a no-cost plan, which is functional but limited (“free version”) as well as
- several plans (“advanced”, “team” and potentially others) with additional functions that are charged for.
- Details on fees for the individual pay plans can be found on LinkFacts website under “Pricing”. The prices stipulated there are binding and include the applicable value added tax. All fees are due for payment immediately upon conclusion of contract for the entire contract term.
- You can pay by the debit procedure offered on the website, in particular by accepted credit cards, or by the online payment procedure. Where a fee cannot be levied, you shall bear all associated costs, in particular bank costs in connection with the return of debits and comparable fees to that extent that you are liable for the event which led to fees being incurred.
- LinkFacts, via the partner payment gateway shall send an invoice to you by e-mail in respect of the fees paid.
4 – Type and Scope of Service
- LinkFacts shall make software in its respective current version available for use at the router point of the data centre in which the server with the software is located (“delivery point”). The software, the processing power and the necessary memory for use shall be made available by LinkFacts. LinkFacts is, however, not obliged to ensure the establishment and maintenance of data connection between your systems and the described delivery point.
- Insofar as LinkFacts operates exclusively on LinkFacts server or on a third-party server commissioned by LinkFacts, you shall not require copyright exploitation rights to the software, nor shall such rights be conceded to you.
- In the absence of an express agreement to the contrary by the parties, the contractually agreed service shall not be made available to third parties.
5 – Availability of the Software
- LinkFacts points out that limitations or impairments to the services rendered can arise which are beyond the influence of LinkFacts. These include, in particular, interventions by third parties which do not operate on behalf of LinkFacts technical conditions of the internet over which LinkFacts has no influence, as well as force majeure. Even the hardware and software and technical infrastructure you use can have an impact on services. Insofar as such circumstances impact on the availability or functionality of the service provided by LinkFacts this shall have no impact on the conformity with contract of the services rendered.
- You shall be obliged to notify any function outages, disruption or impairments of software without delay and to provide information which is as precise as possible in this respect. Should you fail to comply with this duty, Civil Code shall apply mutatis mutandis.
- LinkFacts reserves the right to change the services offered on its websites at any time and without prior notice or to offer different services, except where this is not reasonable for the user.
6 – Your Duties as User
- For the use of software, you must satisfy the system requirements set down in the product description; you shall bear responsibility in this regard.
- Proper and regular backups for your data shall be your exclusive responsibility. This shall also apply for documentation (e.g. invoices) sent to you by LinkFacts through the course of contract performance.
- Insofar as you entrust LinkFacts with protected contents (e.g graphics, brands and other copyright and trademark protected contents), you shall grant LinkFacts all rights necessary for the performance of its contractual duties. This includes, in particular, the right to make the corresponding contents accessible to other users. Insofar, you warrant that you own all necessary rights to the entrusted material in order that you may properly grant the corresponding rights to LinkFacts
- You shall be obliged to comply with applicable laws and third party rights when using the contents and services on LinkFacts. In particular, you shall not
- use offensive or defamatory contents, irrespective of whether these contents affect other users, LinkFacts employees or other persons or companies,
- use pornographic contents or contents which breach youth protection legislation, nor shall you advertise, offer or distribute pornographic products or products which contravene youth protection legislation,
- bother other users unreasonably (in particular with spam)
- use legally protected (e.g. by copyright, trademark, patent, industrial design or utility model) contents without authorization, nor shall you advertise, offer or distribute legally protected goods or services nor shall you
- perform or encourage actions in contravention of competition rules, including progressive customer advertising (such as chain, snow ball or pyramid systems).
By publishing your graphs in public, be aware:
- Publishing your graph means making it available publicly on the internet with a unique URL.
- The graph will be indexed by search engines, and it will be automatically added to our public map library.
- LinkFacts’s users can use and expand your graphs published in public mode.
- Any graph you create and or any change that you make to an existing graph will be publicly and permanently available.
As a reminder, our purpose is to create a vast library of public graphs, free content of all branches of knowledge, created by LinkFacts users all over the world in an atmosphere of mutual respect and cooperation.
- The following actions shall also be prohibited:
- Use of mechanisms, software or scripts in connection with the use of LinkFacts websites. You may, however, use the interfaces or software made available to you within the framework of the services offered on our websites.
- Blocking, overwriting, modification, copying, insofar as this is not required for proper use of the services of LinkFacts. (Copying by way of “robot/crawler” search engine technologies is not required for proper use of our services and is therefore expressly prohibited).
- Distribution and public disclosure of contents of LinkFacts website or of other users.
- Every act which is capable of impairing the functionality of LinkFacts infrastructure, in particular, acts capable of placing excess pressure on it.
- If third party rights are infringed or statutory provisions contravened by the contents you upload or by the use of services, you shall immediately cease and desist from the use which is contrary to the contractual agreement and/or in breach of statutory provisions.
- You shall hold LinkFacts free of all claims, including damage claims, which other users or third parties assert against LinkFacts for infringement of their rights as a result of the contents you upload. You shall further hold LinkFacts free of all claims, including damage claims, which other users or third parties assert against LinkFacts for the infringement of their rights as a result of your use of services. You shall assume all reasonable costs arising to us as a result of the infringement of third party rights, including the reasonable cost of legal defence. All further rights and damage claims of LinkFacts shall remain unaffected.
7 – Data Protection, Right of Data Processing, Data Security
- The personal data indicated by you on registration shall only be collected, stored, processed and used by LinkFacts insofar as this is necessary for the performance of contractual duties, in particular for the provision and use of the services offered or where you have consented to the use.
- LinkFacts is committed to compliance with relevant data protection provisions. We refer here to our Data Protection Declaration accessible from LinkFacts website.
- As regards the data stored by you on allocated memory space, you shall be responsible for the compliance with the laws applicable in the Grand Duchy of Luxembourg, the European General Data Protection Regulation (GDPR) (EC) 2016/679 of 25 May 2018, as well as, where necessary, other relevant data protection legislation.
- If and insofar as you process (e.g. store) personal data of third parties on the IT systems for which LinkFacts is technically responsible, it shall be your exclusive responsibility to ensure that you comply with the necessary requirements (e.g. consent) pursuant to Art. 6 GDPR for lawful data processing. Additionally, in such cases a contract shall be concluded between you and LinkFacts on data processing (cf. Art. 28(3) GDPR). Therefore, in the event that you process personal data of third parties using services offered by LinkFacts, you shall undertake to notify LinkFacts without delay and to conclude with LinkFacts the Standard Agreement for Data Processing available on LinkFacts website under “Data Processing”. The processing of special categories of personal data as set down in Art. 9 GDPR (e.g. health data) is strictly prohibited.
8 – Responsibility for Contents, Data and/or Information on Users
- LinkFacts assumes no responsibility and liability for the contents, data and/or information made available by users of LinkFacts nor for the contents on linked external websites. In particular, LinkFacts does not warrant that these contents are accurate, serve a specific purpose nor are able to serve such a purpose.
- Insofar as you notice use of LinkFacts website which is unlawful or in breach of contract (including the use of pseudonyms or deceptive identities), we kindly ask that you notify us of such using the contact form available on the websites.
9 – Customer Service and Support
You can submit questions or declarations in respect of your contract or with regard to our services at any time via the contact form accessible from LinkFacts website or by e-mail.
10 – Liability of LinkFacts
LinkFacts shall be liable to you in all cases of contractual and non-contractual liability for deliberate acts and for gross negligence in accordance with the statutory provisions for damages or compensation for wasted expenditure.
- LinkFacts’ liability for damage resulting from injury to life, body or health and in accordance with the Product Liability Act as well as on assumption of warranty shall remain unaffected by the above restrictions and exclusions of liability.
- Where damage to you results from the loss of data, LinkFacts shall not be liable for this insofar as the damage could have been prevented in the case of regular and comprehensive back-up of all relevant data. You shall carry out regular and comprehensive data backup personally or have it done by a third party and shall be solely responsible for this.
11 – Termination of Contract, Reimbursement of Advanced Fees
- The free plan can be terminated at any time without any requirement to specify reason. Please notify us of this using the contact form accessible of the LinkFacts website and indicate your user name and the e-mail address you have registered on our website.
- The non-free plans can be terminated by you or by LinkFacts without any requirement to specify reason upon notice of fourteen (14) work days to the end of the minimum usage period specified in the registration process or, thereafter, to the end of any extension period. Notice of termination can be submitted using the contact form accessible of the LinkFacts website, by e-mail. Notice of termination must indicate user name and the e-mail address registered on LinkFacts websites.
- The right of both parties to terminate the contract for important reasons shall remain unaffected. An important reason for termination by LinkFacts shall exist where the continuation of the contract relationship up to expiry of the statutory termination deadline is not reasonable for LinkFacts, taking into account all circumstances of the individual case and considering the genuine interests of both parties. Important reasons are, in particular, the following events:
- non-compliance with statutory provisions by you;
- breach of contractual duties,
- the reputation of the services offered by LinkFacts is impaired, not only to an insignificant extent, by you;
- you advertise for associations, communities, methods or activities which are monitored by security or youth protection authorities;
- you damage one or several other users;
- you are a member of a sect or a controversial group.
Where an important reason exists, LinkFacts can impose the following sanctions, irrespective of termination:
- deletion of contents uploaded by you;
- issue of a warning;
- (temporary) blocking of access to the services offered by LinkFacts.
- In the event of termination of contract or blocking of access pursuant to this Section, your claim to the reimbursement of any fees paid in advance shall extinguish.
12 – Concluding Provisions
- Amendments and supplements to these contract terms must be made in writing for their validity. This shall apply in particular to an agreement to waive this written form requirement.
- Should individual provisions of these contract terms be or become void, the validity of the remaining provisions shall be unaffected. The parties undertake to replace the invalid provision with the valid provision which comes closest to the economic purpose of the invalid provisions. The same shall apply mutatis mutandis for any lacunae in this agreement.
- LinkFacts reserves the right to amend these contract terms at any time without stipulating reasons, unless, this is not reasonable for you. We shall inform you of any amendments to these contract terms in good time. In the absence of any objection from you to the validity of the new contract terms within 14 days of notice of amendment, the amended contract terms shall be deemed to have been accepted by you. We shall remind you in the notice of amendment of your right of objection and the significance of the objection deadline.
- In the absence of any agreement to the contrary, you shall be entitled to make all declarations vis-a-vis LinkFacts by e-mail, using the relevant contact form accessible from our website or by standard post. LinkFacts shall be entitled to make declarations vis-a-vis yourself by e-mail or by standard post to the addresses which you have indicated as current contact information in your user account.
- This contract shall be governed exclusively by the laws of the Luxembourg. The provisions of UN convention on contracts for the international sale of goods shall not apply. If you are a consumer and at the time of concluding this contract have your ordinary place of residence in another country, the application of mandatory legal provisions in this country shall remain unaffected by the choice of law. In all other cases, the relevant statutory provisions shall apply for local and international jurisdiction.
If there are any questions regarding this terms of service, you may contact us using the information below.
LinkFacts28 rue du ChateauMunsbach, – L-5374Luxembourg[email protected]