TERMS AND CONDITIONS

Acceptance of Terms and Conditions:

Asaplink is a software-as-a-service (SAAS) solution. By accessing and utilizing our application on Apple and Android operating systems and via asap.bio and asaplink.co (Asaplink) web platform, herein referred to as the "Platform," you consent to be bound by our Terms and Conditions of Service and assume responsibility for adherence to any relevant local laws or regulations. Should you disagree with any of the stipulated terms, you are forbidden from using or accessing the Platform. The materials contained on this website might be safeguarded by applicable copyright and trademark law, either by ourselves or the respective proprietors of the relevant intellectual property rights.

We explicitly reserve the right to revise and amend our Terms and Conditions of Service periodically without formal notice. You acknowledge and accept that it is your obligation to review our Terms and Conditions of service occasionally to familiarize yourself with any modifications. Your continued use of the Platform following such modifications signifies acknowledgment of the amended Terms and Conditions of Service to which you shall adhere and be bound.

You must be at least 13 years of age or older to create an account or access user-generated content hosted on our Platform. We do not knowingly collect personally identifiable information from anyone aged 13 or under.

Description of Services

The Platform enables the creation of customized web pages, referred to as Profile Themes, which may contain content such as text, images, videos, music, URL links, email addresses, phone numbers, and other materials that could be employed for personal or commercial purposes.

We reserve the right to update, modify, or alter the service at our discretion, without notifying you. We shall not be held liable to you or any third party should we exercise this right. You agree to adhere to our guidance on the use of our products. Any new features we implement to enhance the Platform shall also be subject to these Terms and Conditions of Service.

Content

In this section, your "Content" encompasses all user-generated material that you create, upload, or make public on the Platform, including but not limited to text, images, videos, music, and links.

You are directly accountable for the Content that you post on our Platform, including its legality, reliability, and appropriateness. You grant us a global license and absolute authority to host, use, distribute, copy, publicly display, and translate your content on our Platform. Additionally, you consent that we may utilize your content in marketing and promotions for the Platform with your express permission.

You concur that we may remove portions of your content or entirely disable your page for any reason at our sole discretion. This can be due to copyright takedown notices, serious content complaints, impersonation, or posting content we believe is harmful or otherwise unsuitable for our Platform.

You are responsible for backing up your content, as we do not provide publicly accessible backup services. We are not liable or responsible for lost content that could occur from, but not limited to, accidental user deletion or service provider failures.

Accounts and Passwords

When creating an account with us, you must provide an accurate email address that is kept current for us to provide essential account information when necessary. Failure to do so constitutes a breach of our Terms and Conditions of Service, which may result in the termination of an active subscription (loss of features and content) or the cancellation of your account.

We maintain a zero-tolerance policy for fraud. Fraudulent purchases within our Platform will lead to permanent account deletion.

You are solely responsible for safeguarding the password that you use to access our Platform to prevent unwarranted access to your account and modification of your page. For these reasons, you agree not to disclose your password to anyone, including our staff, who will never request your password. If you suspect your account may have been compromised or notice a security breach, you must notify us immediately. You are fully responsible for all activities that occur under your account or associated email address.

At our sole discretion, we may terminate your account, disable your access to the Platform, or reclaim your username without prior notice or liability for any reason, including but not limited to violations of our Terms and Conditions of Service.

User Conduct

By using our Platform, you agree not to:

  1. Engage in illegal activities or use our Platform for any unlawful purpose.

  2. Create, share, or distribute content that is pornographic, violent, offensive, harassing, racist, discriminatory, or otherwise objectionable.

  3. Infringe on the intellectual property rights of others, such as using copyrighted material without authorization.

  4. Impersonate another person or entity, or misrepresent your affiliation with a person or entity.

  5. Interfere with or disrupt the Platform, its servers, or networks, or breach any security or authentication measures.

  6. Use automated tools, including robots or crawlers, to access, scrape, or extract data from the Platform without our express written consent.

  7. Intentionally distribute malware or other malicious software.

  8. Share the personal information of others without their consent.

We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates these Terms and Conditions of Service, including removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

Third-Party Links and Content Disclaimer

Our Platform inherently involves sharing of links to external websites, as a result, you may frequently encounter pages hosted on our site that contain links to third-party websites. Upon clicking a third-party link, you will be redirected to the respective external site. It is important to note that we neither operate nor have any control over these third-party websites. We generally do not pre-screen content posted by users of our Platform and, therefore, cannot assume responsibility or liability for the content, privacy policies, or practices of any third-party sites or services.

The inclusion of links to external websites does not signify our endorsement or approval of those websites or their content. By accessing other websites on the Internet, you acknowledge and agree that you do so at your own risk, and that it is your responsibility to review the Terms and Conditions of Service and Privacy Policies of any third-party websites or services you visit.

Our Platform may contain links to third-party websites or services that are neither owned nor controlled by us. We expressly disclaim any control, responsibility, or liability for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss incurred or alleged to be incurred by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly recommend that you carefully read the terms and conditions and privacy policies of any third-party websites or services that you visit, in order to protect your interests and ensure compliance with their policies and practices.

Intellectual Property Policy

Our Platform is committed to addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA") and any other applicable intellectual property legislation or laws. If you believe your copyright is being infringed upon, please submit a DMCA notice to support@asaplink.co, providing the following information:

  1. One or more URLs on our website that you believe contain your copyrighted work.

  2. Sufficient information to identify your copyrighted work for verification purposes, which may include a URL.

  3. Your contact details, including full name, address, phone number, and email address.

  4. A statement asserting your good faith belief that the use of the copyrighted material is unauthorized by the copyright owner, its agent, or the law.

  5. A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

  6. A physical or electronic signature of the copyright owner, or a representative authorized to act on their behalf, along with the date.

Upon receipt of a properly filed DMCA complaint containing all of the above information, we will take appropriate action, which may include the removal of the infringing content hosted on our Platform. Be advised that the alleged infringer may receive a complete copy of the complaint, including your personal contact information, as part of the public record you consent to by providing the DMCA notice.

Please be aware that knowingly misrepresenting material on our Platform as infringing on your copyright may result in you being held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Users identified as repeat infringers, in accordance with the DMCA or other applicable local or international laws, may have their account or page disabled and removed entirely at our sole discretion. We reserve the right to take any necessary measures to protect our Platform and its users from infringement or violation of intellectual property rights.

Warranties and Limitation of Liability

The Platform is provided "as is" and "as available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be error-free, that defects will be corrected, or that the Platform will meet your requirements.

In no event shall we, our affiliates, or any of our respective directors, officers, employees, agents, or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Platform, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms and Conditions of Service, or your infringement of any intellectual property or other right of any person or entity.

Limitation of Liability

To the fullest extent permitted by law, in no event shall our Platform, its owners, investors, team members, or suppliers be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of data, profit, revenue, goodwill, business opportunity, or business interruption arising out of or in connection with the use or inability to use the materials on our website, even if an authorized representative has been advised, either orally or in writing, of the possibility of such damage.

This limitation of liability shall apply regardless of the legal theory or basis for the claim, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if the remedies provided herein fail of their essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for consequential or incidental damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.

By using our Platform, you expressly acknowledge and agree that your use of the materials on our website is at your sole risk and that you assume full responsibility for any damages, losses, or consequences that may arise from such use.

Chat Services, Messaging, and Email Clause

Our Platform may utilize direct or third-party services to facilitate chat, messaging, or email features. We commit to not inspecting or disclosing the contents of any communication through these methods without the explicit consent of the sender, except as required by law, court order, governmental order, or in compliance with the Electronic Communications Privacy Act.

We may employ automated monitoring systems to safeguard our Platform from potentially unsolicited messages (e.g., spam). Be advised that these systems may not be flawless and could inadvertently flag legitimate communication. Our company cannot be held responsible for any unintended consequences resulting from the use of these systems.

Personal Data Protection Clause

We hold your privacy in the highest regard and process personal data in strict accordance with our Privacy Policy. By continuing to use our Platform, you acknowledge and agree to the data practices outlined in our Privacy Policy. It is your responsibility to review the Privacy Policy periodically to stay informed about any changes or updates that may affect your personal data. Your continued use of our Platform constitutes your acceptance of any changes to the Privacy Policy and your consent to our data practices as described therein.

Termination and Cancellation Clause

You reserve the right to delete your account or any associated pages (if applicable) at your discretion by selecting the Delete Account/Page button located at the bottom of the "My Account" tab/page sections within your user dashboard. Following deletion, your data will be retained in an inactive state for a brief period before being permanently erased from our system. To expedite the removal of your data, you may contact us at support@asaplink.co

You may discontinue a recurring paid subscription at any time by accessing the 'My Account' tab/page in your dashboard. Upon cancellation, your account will enter a grace period during which you will maintain access to premium services and features until the expiration of the purchased time frame. Please note that we do not issue refunds for subscriptions, including any unused time on your account.

By using our Platform, you acknowledge and agree that we reserve the right to cancel, terminate, or disable any pages, accounts, or subscriptions at our sole discretion and for any reason, without prior notice, as stipulated in these Terms and Conditions of Service. You further agree that we shall not be held liable for any repercussions that may arise from such termination, either to you or any third party.

Governing Law and Jurisdiction

These Terms and Conditions of Service and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is registered, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction in which our company is registered for the resolution of any disputes arising out of or relating to these Terms and Conditions of Service or your use of the Platform.

International Use Clause

When accessing our Platform from locations outside the United States, users do so at their own initiative and bear the sole responsibility for ensuring compliance with all relevant local laws. Although our Platform may be accessible globally, we do not guarantee that the content found on our Platform is appropriate or permissible for use in areas where such material may be prohibited. Users are required to abstain from accessing our Platform in jurisdictions where its content may be deemed inappropriate or illegal.

Subscription and Pricing Provisions

Our Platform operates as a subscription-based service, providing both free and premium plans to our users. We may occasionally offer trial periods for premium features, during which you can access upgraded plans at no cost for a specified duration. Upon completion of the trial period, you must subscribe to an upgraded plan to continue enjoying premium features.

Subscription fees for our Platform are billed on a recurring basis, either monthly or annually, depending on your chosen plan. When switching between plans, adjustments are made on a prorated basis for both upgrades and downgrades, taking into account the unused time remaining on your current plan. As a result, you may not incur a new charge immediately if enough credit from previous charges is applicable during the plan switch.

As our Platform evolves with the introduction of new features, we reserve the right to modify the pricing of our subscription plans. For users with active plans, we will provide at least 30 days' notice via email before any pricing changes take effect in the subsequent billing cycle.

In instances where we offer rewards through our referral program, we retain the right to revoke or deny such rewards if deemed necessary, including cases involving illegitimate referred accounts.

Please note that charges incurred on our Platform do not include any taxes, levies, or duties imposed by international taxing authorities. You may be responsible for the payment of such charges, depending on your jurisdiction.

Auto-Renewing Subscription

- Enjoy the Starter Plan for free upon initial download of the app. To unlock the full potential of the app and access its advanced and powerful options, a subscription is required.

- After the trial or introductory period, a purchase amount and duration will be charged to your iTunes account upon confirmation.

- Subscriptions will be charged at specific prices with clearly defined period of time length of subscription to be activated upon making payment.

- Subscriptions will automatically renew unless canceled at least 24 hours before the current period ends.

- You have the freedom to manage your subscription and can easily cancel anytime through your iTunes account settings.

- If you decide to purchase a subscription before the trial period ends, any remaining unused trial period will be forfeited.

- Subscribing to our paid plans grants you exclusive access to all advanced features, as well as upcoming advanced paid releases and future application updates throughout the subscription duration.

- Payment for the subscription will be charged to your iTunes account immediately upon confirmation of purchase.

- For seamless service, ensure that auto-renewal is turned off at least 24 hours prior to the end of the current subscription period.

- To avoid any surprises, your account will be charged for renewal within 24 hours before the current subscription period expires, and the cost of renewal will be clearly indicated.

- You have full control over your subscriptions, allowing you to manage them and turn off auto-renewal by accessing your Account Settings within the app after purchase.

- Keep in mind that canceling a current subscription will take effect at the end of the active subscription period. Once canceled, the active subscription will not renew.

Changes to Terms and Conditions of Service

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions of Service at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

Contact Us

If you have any questions or concerns about these Terms and Conditions of Service, please contact us through the contact information provided on our Platform at support@asaplink.co

Miscellaneous

These Terms and Conditions of Service, together with our Privacy Policy, constitute the entire agreement between you and us concerning your use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms and Conditions of Service).

If any provision of these Terms and Conditions of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions of Service will continue in full force and effect.

No waiver of any term or condition set forth in these Terms and Conditions of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

The section titles in these Terms and Conditions of Service are for convenience only and have no legal or contractual effect.