Terms Of Use
PLEASE READ THESE TERMS OF USE CAREFULLY
1. ACCEPTANCE OF TERMS
These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity, ("you" or "your") and DOTSOA EOOD ("we," "us," or "our") concerning your access to and use of our added value telecommunication services, including but not limited to our website or "Website", linkdial.com, and any associated social media sites or pages ("Services") and various tools, content, features, products, services and other materials available in connection therewith ("Services").Please read these Terms carefully before accessing the Website or Services. In consideration of your accessing the Website, you acknowledge the importance of protecting the integrity of the Services for all users and you expressly agree to be bound by these Terms as well as the Privacy Policy and you further agree to follow any additional rules, requirements, practices, and guidelines that are posted on the Website from time to time. Please note, these Terms set out the obligations you have to us and to other users of the Website, and such users may also enforce their rights against you under these Terms.
YOUR USE OF THE WEBSITE AND SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, DO NOT ACCESS THE WEBSITE OR USE THE SERVICES.
2. DESCRIPTION OF THE SERVICES
linkdial is a privacy-centric telephony solution for social media influencers, digital nomads, and online organizations that enables them to get business done by embedding their call forwarding link on their social media profile page, website, in emails, Tweets, or wherever they wish on the internet. We offer a call forwarding service that allows people to receive calls via their linkdial profile without revealing their personal phone number. Our service is available via our website linkdial.com.3. ACCEPTABLE USE POLICY
This Acceptable Use Policy, which is incorporated into these Terms, describes actions that are prohibited when you use the Website or Services. Any use of the Website and Services that does not comply with this Acceptable Use Policy may result in, among other things, termination or suspension of your rights to use the Website and/or the Services. In addition, failure to comply with these requirements may subject you to criminal prosecution. When you access the Website or use the Services, you represent and warrant as follows:a. You are at least eighteen (18) years of age or if you are under the age of 18, you have received permission from your parent or legal guardian to access the Website and use the Services;
b. You have the legal capacity and authority to agree to these Terms;
c. You will not access our Website through automated or non-human means, whether through a bot, script or otherwise;
d. You will not use the Services for any illegal or unauthorized purpose and your use of the Services will not violate any applicable law or regulation, including any applicable all-party consent laws (as described below);
e. You will not use the Services to impersonate any organizations (especially emergency lines and government agencies) or any recipient that is prohibited by law or regulation;
f. You will not use the Services to offer to users or other third parties any services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services;
g. You will not use the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards;
h. You will not hack or interfere with the Website, the Services, our servers or any connected networks, and you will not upload corrupted files or files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, or other computer programming routines or similar software that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
i. You will not use the Services to engage in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.;
j. You will not engage in fraud in connection with your Account or use your Account to engage in fraudulent activity with respect to third parties or otherwise use your Account to bypass phone identification systems such as those by classified advertising websites;
k. You will not use the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted SMS or text messages, voice mail, or faxes;
l. You may not access or use the Website or Services for any purpose other than that for which we make the Website and Services available;
m. You will not engage in activities or transmit through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
n. You will not transmit any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party;
o. You will not improperly engage in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network;
p. You will not restrict or inhibit any other user from using and enjoying the Website or the Services.
q. If you are using our numbers for business purposes in the USA, you need to obtain consent from the recipient before sending an SMS message.
4. OPERATIONAL NOTICE
Use of the Website and the Services may require internet access through your mobile device. The Website may not operate properly with all mobile devices or all mobile service providers. We make no representation that the Website or the Services will be compatible with your mobile device or mobile services provider.5. ACCOUNT REGISTRATION AND MAINTENANCE
Full use of the Services requires that you create an account with us on the Website ("Account"). In our sole discretion, we may suspend or terminate your Account and refuse any and all current or future use of the Website or Services. You are responsible for all use of your Account and for ensuring that your Account complies with the provisions of these Terms. You agree to notify us immediately upon becoming aware of the loss, theft, misappropriation, or unauthorized use of your password or Account. You understand and agree that we will have no liability associated with or arising from your failure to maintain accurate information about yourself. We may at any time, in our sole discretion, suspend or terminate your Account for any reason or terminate any Services that require an Account. Your Account is non-transferrable. WE DO NOT REVIEW OR FACT-CHECK INFORMATION CONTAINED IN ANY ACCOUNT ON THE WEBSITE AND WE WILL NOT BE HELD ACCOUNTABLE, RESPONSIBLE, OR LIABLE FOR ANY FALSE, MISLEADING, OR UNSUBSTANTIATED REPRESENTATION OR TESTIMONIAL MADE BY ANY USER OF THE Website OR THE SERVICES. By registering and maintaining an Account, you represent and warrant that:a. You will immediately notify us of any known or suspected unauthorized use of your password or your Account, or any known or suspected loss, theft, or unauthorized disclosure of your phone/Account; and
b. You will not use your Account, the Website or the Services for any illegal or unauthorized purpose and your use of your Account, the Website or the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Website or the Services (or any portion thereof).
6. PAYMENTS AND SUBSCRIPTIONS
In order to use the Services, you will be required to maintain a valid subscription your Account using a payment option made available through the Website. You agree to pay all charges at the prices then in effect for the Services you purchase and you authorize us to charge the chosen payment provider for any such purchases. We use third party payment providers to process payments. We have the right to change any and all applicable charges and rates at any time by giving notice of such change on the Website. Any changes to the charges and rates will take effect immediately upon posting to the Website, unless otherwise stated. Your continued use of the Website and the Services after the change in charges and rates have taken effect will constitute your acceptance of such change. Depending on your country, charges may vary. Please, check all the possible payment options and subscriptions to help you select the best option. Subscriptions are monthly calling plans that give you unlimited or fixed-minute calls. Fixed-minute subscriptions do not accumulate the minutes from the previous period. All subscriptions are renewed automatically. You can cancel at any time. You will accept full responsibility for use of the Services and you will be liable for all charges from your Account, whether or not processed with your knowledge or authority. You agree to hold us harmless from all actions we take in good faith and in the normal course of business based on charges to your Account. For information about handling your subscription, see the Refund Policy below.7. REFUND POLICY
You can cancel your subscription with linkdial at any time with no obligations. Just send us an email to [email protected] and we will deal with it. Subscriptions themselves are not refundable though. Once you purchase a subscription, it is considered as consumed.8. FEEDBACK
You acknowledge and agree that any questions, comments, suggestions, ideas, ratings, reviews, feedback or other information regarding the Website or Services ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.9. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website, its content, all source code, databases, functionality, software, designs, audio, video, text, photographs, images, graphics, and other materials on the Website that are associated with the Website or the Services (collectively, "Proprietary Materials") are owned or controlled by us or other parties that have licensed or otherwise provided their content to us. Proprietary Materials shall be protected in all forms, shapes, mediums, and capacities, whether or not specifically delineated in these Terms. The trademarks, service marks and logos ("Marks") contained within Proprietary Materials are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. THE WEBSITE AND THE SERVICES ARE INTENDED FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. The Proprietary Materials and Marks are provided on the Website "AS IS" for your information and personal use only. No part of the Website or Services and no Proprietary Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Website and the Services, you are granted a limited license to access and use the Website and the Proprietary Materials. We reserve all rights not expressly granted to you in and to the Website, Services, Proprietary Materials, and Marks.10. COPYRIGHT INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others and request that all users of the Website and Services do the same. If you believe that any content available in or through the Website infringes upon any copyright you own or control, you may send our designated copyright agent ("Copyright Agent") written notification ("Notification"), in accordance with the provisions of the Digital Millennium Copyright Act ("DMCA"). Send your Notification by email to [email protected]. Please see DMCA 17 U.S.C. , 512(c)(3) for the requirements for a proper takedown notification. Upon receipt of your Notification, we will remove or disable access to the content identified in your Notification; however, we may ask you to provide further or supplemental information prior to removing any content from the Website. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located in or linked to it via the Website infringes upon your copyright protections, you should consider first contacting an attorney. We also will advise the alleged infringer of the DMCA statutory counter notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this content.11. ADVERTISERS
We accept advertisers and sponsors to display their advertisements, marketing links, and other information in certain areas of the Website such as, but not limited to, sidebar advertisements or banner advertisements. If you are an advertiser, you will take full responsibility for any advertisements you place on the Website and any services you provide on the Website or products sold though those advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Website including, but not limited to, intellectual property rights, publicity rights and contractual rights.12. WEBSITE MANAGEMENT
We reserve the right, but not the obligation, to: (a) monitor the Website for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; and (c) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and Services.13. PRIVACY POLICY
Any information collected in association with the Website or Services is subject to our privacy policy and by accepting these Terms you agree to be bound by our privacy policy, which is also available on the website.14. TERM AND TERMINATION
These Terms, as updated from time to time, shall remain in full force and effect while you use the Website or the Services. You may terminate your use or participation at any time or for any reason by discontinuing your use of the Website and the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Website OR THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE Website OR YOUR PARTICIPATION IN SERVICES AND DELETE YOUR ACCOUNT, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15.MODIFICATIONS, CORRECTIONS, AND INTERRUPTIONS
We reserve the right, in our sole discretion, to change, modify, or remove the contents of the Website or any of the terms and conditions contained in these Terms at any time or for any reason at our sole discretion without notice to you. Any new feature or tool added to the Website or the Services will also be subject to these Terms. However, we have no obligation to update any information on the Website. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any other third party for any modification, suspension, or discontinuance of the Website or the Services. Any changes or modifications will be effective immediately upon posting the revised Terms on the Website and you waive any right to receive specific notice of each such change or modification. Your continued use of or access to the Website or Services after such posting means you accept and agree to be bound by the modified Terms. We encourage you to periodically review these Terms to stay informed of updates. You agree to be responsible for monitoring changes to the Website or Services. There may be information in the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice to you. We cannot guarantee the Website and the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the Services during any downtime or discontinuance of the Website or the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Website or the Services or to supply any corrections, updates, or releases in connection therewith.16. DISCLAIMERS
THE Website, THE SERVICES, AND ALL OTHER CONTENT AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED ON AN "AS-IS," "WITH ALL FAULTS," AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Website, THE SERVICES, AND ALL USE OF THE Website AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND MATERIALS ON THE Website OR THE CONTENT OF ANY WEBSITES LINKED TO THE Website OR THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS: (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Website; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Website OR THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Website OR THE SERVICES BY ANY THIRD PARTY; OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Website OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Website OR ANY HYPERLINKED WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES. YOU ARE CAUTIONED TO USE THE Website AND THE SERVICES AT YOUR OWN RISK.17. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE Website OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE Website, OUR RECORDS, PROGRAMS OR THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Website OR THE SERVICES OR ANY PROVISION OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING THE Website AND THE SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED USE OF THE Website OR THE SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US, IF YOU USE THE Website OR THE SERVICES IN VIOLATION OF THESE TERMS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.18. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless and all of our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (a) your Feedback; (b) your use of the Services; (c) breach of these Terms; (d) any breach of your representations and warranties set forth in these Terms; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any user of the Website or Services or other third party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.19. ELECTRONIC COMMUNICATIONS
By accessing or visiting the Website, sending emails to us, or otherwise using the Services, you agree that we may collect, use, and disclose certain information about you. We may use this information to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of the Website or Services and for purposes of informing you of any related services (any such contact is hereafter referred to as "Messages"). You agree that any Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider.20. GOVERNING LAW AND JURISDICTION
All matters relating to these Terms, the Website, the Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the international law of Bulgaria, without giving effect to any choice or conflict of law provisions or rules (whether of Bulgaria or any other jurisdiction). You agree that any action at law or in equity arising out of or relating to these Terms, the Website, or the Services shall be instituted exclusively in Bulgaria, although we retain the right to bring any suit, action, or other proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.21. CONTACT US
If you have any questions, comments, concerns, or wish to report any violations regarding these Terms, please contact us at: [email protected]. We will try to address all issues to the best of our ability.Legal address: Triadisa District 2A, Emiliyan Stanev Street, block V, Sofia, Bulgaria