Capsulink Terms and Conditions of Use

1. Terms

By accessing www.capsulink.com (the “web-site” or “Capsulink's web site”), you are agreeing to be bound by these  Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. You guarantee that you are of legal age and full capacity.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on Capsulink's web site (www.capsulink.com) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy any and all materials available or received through Capsulink's web site;

ii. use any and all materials available or received through Capsulink's web site for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on Capsulink's web site;

iv. remove any copyright or other proprietary notations from the materials; or

v. transfer any and all materials available or received through Capsulink's web site to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Capsulink at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

c. Capsulink may block your account (the “account”) at any time without prior notification.

3. Disclaimer

a. The materials on Capsulink's web site are provided "as is". Capsulink makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Capsulink does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Capsulink web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Capsulink, its subsidiaries, affiliates, officers, employees, agents, partners or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Capsulink's Internet site or inability to access your account, even if Capsulink or a Capsulink authorized representative, subsidiaries, affiliates, officers, employees or agents has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Capsulink's web site could include technical, typographical, or photographic errors. Capsulink does not warrant that any of the materials on its web site are accurate, complete, or current. Capsulink may make changes to the materials contained on its web site at any time without notice. Capsulink does not, however, make any commitment to update the materials.

6. Fees

For using CapsulinkPro/Business/Ultimate we charge a subscription fee ("Subscription Fee") for the Period depending on your subscription plan. In this document, "Period" refers to the subscription interval forCapsulinkPro/Business/Ultimate. A single Period can be one year but can be also changed by our sole discretion.

The Subscription Fee shall be paid:

- via PayPal system, or

- Braintree system.

We reserve the right, at any time, to modify its Subscription Fee and billing methods.

Subscribing for the first time only to CapsulinkPro/Business/Ultimate you will get  14 days trial period for free and the Subscription Fee in this event is payable after this trial period for remaining  Period.

Subscription Fees may be charged in advance or on a periodic basis (for the Period). You are responsible for payment of all taxes, levies or duties imposed by taxing authorities on your Subscription Fee.

Subscription Fee for the Period is payable on the Period start for the whole Period. Subscription for the Period will be automatically renewed by us provided Subscription Fee is paid and unless you informed Capsulink 30 days prior about subscription cancelling.

If for any reasons the Subscription Fee were paid/debited in incorrect amount Capsulink reserves rights in any time to receive from you a correct amount of Subscription Fee set by us from time to time.

If the payment of your Subscription Fee fails for any reason, your account may be suspended or some of account options or services may be limited until the Subscription Fee is paid and in this event you can also lose all or part of your data or information and Capsulink does not accept any liability for such loss.

Capsulink does not provide refund options in respect of any received payments.

7. Links

Capsulink has not reviewed all of the sites linked to Capsulink web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Capsulink of the site. Use of any such linked web site is at the user's own risk.

8. Metrics and cookies

Metrics

Capsulink may collect and track metrics, and generate analytics, relating to URLs shortened using the web-site, bundles of shortened URLs created using the web-site, and other metrics and analytics related to use of the web-site (the  “metrics”). Metrics include, but are not limited to:

  1. A history of all URLs shortened by a particular account.
  2. A history of all clicks on a shortened URL.
  3. A history of all sharing of a shortened URL through third-party services such as Facebook and Twitter.
  4. A history of referral URLs for clicks of a shortened URL.
  5. A history of IP addresses used to access a shortened URL.
  6. Visual presentation of any or all of the above (excluding IP addresses).

You acknowledge and agree that all metrics that are collected and/or generated are owned by Capsulink, and that Capsulink has the right to use, license, sell or otherwise dispose of metrics for any purpose.

Cookies

Capsulink uses cookies to improve performance and enhance the user experience for those who visit web-site. This policy clarifies how we do this and how cookies are managed.

Cookies are small text files which a web-site may put on your computer or mobile device when you first visit a site to remember your user preferences, help analyse the web-site’s performance and to recommend content relevant to your visit. The cookie will help the web-site, or another website, to recognise your device the next time you visit. Most cookies won’t collect information that identifies you, and will instead collect more general information such as how users arrive at and use our websites, or a user’s general location.

We do allow other cookies on web-site that come from service providers and advertisers and fall into the categories above. Cookies from services such as Google Analytics allow us to monitor web traffic and help us with market analysis and improving performance. Disabling cookies is a function of the browser you are using to view web-site. The help feature in most browsers provides the method for disabling cookies but About Cookies.Org provides extensive information on managing cookies in most browsers. http://www.aboutcookies.org

9. Indemnity

You release Capsulink from all liability for you having acquired or not acquired any services through the web-site. The web-site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Capsulink makes no representations concerning any content contained in or accessed through the web-site, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the web-site.

THE SERVICES AND CONTENT ON THE WEB-SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CAPSULINK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEB-SITE AND SERVICES IS SOLELY AT YOUR OWN RISK.

Capsulink will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on web-site equipment, transmitted over networks or otherwise connected with your use of the web-site.

You shall defend, indemnify, and hold harmless Capsulink, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the web-site or use of the web-site, or which otherwise arise from any third party using your account, of any intellectual property or other right of any person or entity. Capsulink reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Capsulink in asserting any available defenses.

10. Limitation of liability

IN NO EVENT SHALL CAPSULINK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEB-SITE OR YOUR USE OF THE WEB-SITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED EUROS (EUR 100.00) IN THE AGGREGATE.

11. Site Terms of Use Modifications

Capsulink may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

12. Governing Law

Any claim relating to Capsulink's web site shall be governed by the laws of the Country of Latvia.

General Terms and Conditions applicable to Use of a Web Site.