These Terms of Use (“Terms”) govern access to and use of the LinkMatch browser extension, website, applications and related services (the “Services”), provided by Logical Pure Minds SRL, a company registered in Romania under Trade Registry number J33/1494/2020, VAT number RO43302770, with its registered office at Strada Lazăr Vicol nr. 15, bl. E37, sc. A, ap. 47, Suceava 720245, Romania (“LinkMatch”, “we”, “us”).
By creating an account, installing the extension, accepting an order form, or using the Services, you agree to these Terms. If you do so on behalf of an organisation, you represent that you have authority to bind it, and “you” and “Customer” mean that organisation.
These Terms incorporate by reference the Privacy Policy and the Data Processing Addendum, together with the Standard Contractual Clauses and Annexes incorporated into it, and any applicable order form. Where a conflict arises, the order of precedence is: the Standard Contractual Clauses, then the Data Processing Addendum, then these Terms. An executed order form prevails over these Terms for commercial terms only.
If you do not agree to these Terms, do not use the Services.
1. Definitions
“Third-Party Platform” means any website, network, application or online service that you access using your own account and credentials, and from or to which the Services assist you in transferring or organising information.
“Third-Party Service” means any application, integration or system you connect to the Services, including any customer relationship management or applicant tracking system.
“Your Data” means data, content and information you submit to, generate through, or transfer using the Services.
Capitalised terms not defined here have the meaning given in the Data Processing Addendum.
2. Business use only; eligibility
2.1 The Services are provided exclusively for business, commercial and professional purposes. They are not offered to consumers. You represent and warrant that you access and use the Services in the course of a trade, business, craft or profession, and not as a consumer within the meaning of applicable consumer protection law.
2.2 You must be at least 18 years old and legally capable of entering into binding contracts.
2.3 You may not access or use the Services if you are our competitor, or for the purpose of building, training or improving a competing product or service, or for benchmarking, competitive analysis or monitoring, without our prior written consent.
2.4 You are responsible for providing accurate registration information, including your legal entity name and, where applicable, a valid VAT identification number.
3. How the Services work
3.1 The Services operate as a browser extension running locally in your browser, under your own credentials and your own authenticated sessions with Third-Party Platforms.
3.2 You initiate and perform all actions taken through the extension. The extension acts only in response to your instruction, on the page you have opened, using the access you already have. We do not access any Third-Party Platform on your behalf, and we do not hold, store or use your Third-Party Platform credentials.
3.3 How personal data is handled, including data processed on your behalf, is set out in the Privacy Policy and the Data Processing Addendum.
4. Accounts and users
4.1 You are responsible for your account, your users, your credentials and all activity carried out under your account, whether or not authorised by you.
4.2 You will keep your account information accurate and current, keep credentials confidential, and notify us promptly at [email protected] of any suspected unauthorised access.
4.3 Seats and licences are for named users and may not be shared. You are responsible for ensuring that each of your users complies with these Terms.
5. Third-Party Platforms and Third-Party Services
5.1 Your use of any Third-Party Platform or Third-Party Service is governed by your own agreement with that third party. We are not a party to that agreement and exercise no control over it.
5.2 You are solely responsible for:
(a) reading, understanding and complying with the terms, policies, technical requirements, usage limits and acceptable use rules of every Third-Party Platform and Third-Party Service you access, use or connect;
(b) holding all rights, permissions, licences, consents and lawful bases necessary for the access, transfer and processing you carry out using the Services;
(c) determining whether your intended use is permitted by the relevant third party, and obtaining any authorisation required for it; and
(d) all consequences of your access and use, including any restriction, suspension, termination, rate limitation, throttling or other action taken against your accounts by any third party.
5.3 We make no representation, warranty or advice that any particular use of the Services is permitted by, compatible with, or free from risk under the terms of any Third-Party Platform or Third-Party Service. We disclaim all liability arising from those terms and from any action taken under them.
5.4 Third-Party Platforms and Third-Party Services may change their technology, interfaces, policies, data structures or access controls at any time and without notice to us. Any such change may impair, interrupt or permanently prevent some or all functionality of the Services. We have no obligation to maintain, restore or engineer around compatibility, and no such change constitutes a defect, a failure to provide the Services, or a basis for refund, credit, set-off or termination for cause.
5.5 Where you connect a Third-Party Service, you authorise us to access and exchange data with it as necessary to provide the Services, and you confirm you have the right to grant that authorisation.
6. Acceptable use
You must not, and must not permit any user or third party to:
(a) use the Services in breach of applicable law or in violation of the rights of others;
(b) bypass, disable, degrade, interfere with or attempt to circumvent any security measure, rate limit, usage limit, access control, authentication mechanism, detection system or abuse-prevention control, whether of the Services or of any Third-Party Platform or Third-Party Service;
(c) use, or configure the Services for use with, false, fabricated, purchased, shared or automatically generated identities or accounts, or accounts obtained or maintained in breach of a third party’s terms;
(d) misrepresent your identity, affiliation, products or services;
(e) use the Services to compile, aggregate, license, sell, publish or otherwise distribute datasets derived from Third-Party Platforms;
(f) process personal data through the Services without a lawful basis, or otherwise in breach of applicable data protection law;
(g) send unsolicited communications in breach of applicable marketing, anti-spam, telecommunications or electronic communications law;
(h) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, structure or underlying ideas of the Services, except to the extent that restriction is prohibited by applicable law;
(i) copy, modify, translate or create derivative works of the Services;
(j) interfere with, disrupt, overload or degrade the Services or any related systems or networks;
(k) attempt to gain unauthorised access to the Services, to any account, or to any system or data;
(l) resell, sublicense, rent, lease, white-label or otherwise provide the Services to any third party except under a written agreement with us; or
(m) use the Services in a manner that creates legal, regulatory, security, operational, reputational or platform risk for us, our customers or our providers.
7. Your data
7.1 As between the parties, you retain all right, title and interest in Your Data.
7.2 You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit and display Your Data solely to the extent necessary to provide, secure, support, maintain and operate the Services.
7.3 We do not use Your Data to train generalised machine learning or artificial intelligence models, and we do not sell Your Data or disclose it for cross-context behavioural advertising.
7.4 You are responsible for having all rights, permissions, consents and lawful bases required for Your Data and for the processing you carry out through the Services, and for meeting the obligations that attach to your role in respect of that data.
7.5 We may generate and use aggregated, de-identified statistical information about use of the Services, provided it does not identify you, your users or any individual, and is not derived in a way that permits re-identification.
8. Fees, renewal and cancellation
8.1 You will pay the fees stated at checkout or in your order form. Fees are exclusive of taxes and are billed in advance.
8.2 Fees are non-refundable except where required by applicable law. Subscriptions renew automatically for successive periods of the same length unless cancelled before the renewal date.
8.3 You may cancel at any time through your account. Cancellation takes effect at the end of the current billing period. We are not obliged to refund or credit fees for a period that has already begun.
8.4 Non-use, low utilisation, internal administrative failure, personnel change, misunderstanding of price, currency, term or plan tier, or dissatisfaction with commercial results are not grounds for refund, credit or set-off. We make no representation as to any business outcome from use of the Services.
8.5 Any refund, credit or accommodation we grant is discretionary, applies only to the instance granted, sets no precedent, and is not an admission of liability or a variation of these Terms.
8.6 We may change our fees on thirty (30) days’ notice, effective from your next renewal. If you do not accept a change, you may cancel before it takes effect.
8.7 Overdue amounts may accrue interest at the rate permitted by applicable law, and we may suspend the Services for non-payment following notice.
8.8 You are responsible for all applicable taxes and duties other than taxes on our net income. We do not collect or store payment card details; payments are processed by Stripe Payments Europe Ltd under its own terms.
9. Suspension and termination
9.1 We may suspend or terminate your access to the Services, in whole or in part, if you: breach these Terms or any incorporated policy; fail to pay amounts due; create legal, security, operational, reputational or platform risk; breach, or present a reasonable risk of breaching, applicable law or the requirements of any Third-Party Platform or Third-Party Service; or where we are required to do so by law or by a third-party provider.
9.2 Where practicable we will give notice and a reasonable opportunity to cure. We may act immediately and without prior notice where necessary to address legal, security, abuse or operational risk.
9.3 You may terminate at any time in accordance with clause 8.3.
9.4 On termination your right to use the Services ends immediately. For thirty (30) days you may export Your Data using the functionality of the Services or by written request, after which we will delete it in accordance with the Data Processing Addendum and our retention practices.
9.5 Termination does not relieve you of the obligation to pay amounts accrued before termination.
10. Intellectual property
10.1 We and our licensors own all right, title and interest in the Services, including all software, interfaces, designs, documentation, know-how, and our trademarks, logos and brand identifiers. All rights not expressly granted are reserved.
10.2 Subject to these Terms and to payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services for your internal business purposes during your subscription term.
10.3 You may not use our name, trademarks, logos or brand identifiers in any way that suggests endorsement, partnership, affiliation, sponsorship or approval without our prior written consent, nor bid on them as advertising keywords.
10.4 Names, marks and logos of third parties that appear in the Services or our materials are the property of their respective owners. Any use of them is nominative, made solely to identify compatibility or interoperability, and does not imply any affiliation with, endorsement by, or sponsorship from those owners.
10.5 If you provide feedback, suggestions or ideas about the Services, they are non-confidential, and you assign to us all rights in them and in any resulting improvements, without obligation or compensation.
11. Confidentiality
11.1 Each party will protect the other’s non-public information disclosed in connection with these Terms with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and professional advisers bound by equivalent obligations.
11.2 These obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is lawfully received from a third party. A party may disclose where legally compelled, giving notice where lawful and permitted.
12. Warranties and disclaimers
12.1 Each party warrants that it has the authority to enter into these Terms.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY AND ERROR-FREE OR UNINTERRUPTED OPERATION.
12.3 WE DO NOT WARRANT THAT THE SERVICES WILL REMAIN COMPATIBLE WITH ANY THIRD-PARTY PLATFORM OR THIRD-PARTY SERVICE, THAT ANY PARTICULAR DATA TRANSFER OR MATCH WILL COMPLETE OR BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.
12.4 WE DO NOT PROVIDE LEGAL, COMPLIANCE, DATA PROTECTION, TAX OR OTHER PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR EVALUATING YOUR USE OF THE SERVICES AND FOR COMPLYING WITH THE LAWS, REGULATIONS AND THIRD-PARTY REQUIREMENTS THAT APPLY TO YOUR BUSINESS, YOUR DATA, YOUR RECIPIENTS AND YOUR USE CASES.
13. Limitation of liability
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, DATA, USE, BUSINESS OR BUSINESS INTERRUPTION, HOWEVER ARISING AND WHETHER OR NOT FORESEEABLE.
13.2 WITHOUT LIMITING CLAUSE 13.1, WE WILL NOT BE LIABLE FOR THE LOSS, RESTRICTION, LIMITATION, SUSPENSION OR TERMINATION OF ANY ACCOUNT, ACCESS OR PRIVILEGE YOU HOLD WITH ANY THIRD PARTY, INCLUDING ANY THIRD-PARTY PLATFORM OR THIRD-PARTY SERVICE.
13.3 OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
13.4 Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
13.5 The limitations in this clause apply to the maximum extent permitted by applicable law and survive any failure of essential purpose of any limited remedy.
14. Indemnity
14.1 You will defend, indemnify and hold harmless LinkMatch, its affiliates, and their officers, directors, employees and agents against any third-party claim, demand, proceeding, investigation or action, and any resulting damages, liabilities, losses, fines, penalties, settlements and reasonable costs and legal fees, arising out of or relating to:
(a) Your Data;
(b) your use of the Services;
(c) your use of, access to, or connection with any Third-Party Platform or Third-Party Service;
(d) your breach of these Terms or any incorporated policy;
(e) your breach of applicable law or of the rights of any third party, including intellectual property and data protection rights;
(f) your failure to hold any required right, permission, consent or lawful basis; or
(g) unauthorised use of the Services resulting from your acts or omissions.
14.2 We will notify you of any claim for which we seek indemnity and may, at our option, assume control of its defence, in which case you will provide reasonable cooperation. You may not settle any claim in a manner that binds us, imposes any obligation or payment on us, or admits fault on our part, without our prior written consent.
15. Governing law and disputes
15.1 These Terms are governed by the laws of Romania, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.
15.2 The parties will attempt in good faith to resolve any dispute informally for thirty (30) days after written notice of the dispute.
15.3 Any dispute not resolved informally is subject to the exclusive jurisdiction of the competent courts of Suceava, Romania.
15.4 Either party may seek injunctive or interim relief in any court of competent jurisdiction to protect its intellectual property or confidential information, or to address unauthorised access to its systems.
15.5 Any claim arising out of or relating to these Terms or the Services must be brought within one (1) year of the date on which it arose, to the extent permitted by applicable law.
16. Express acceptance of specific clauses
In accordance with Article 1203 of the Romanian Civil Code, you expressly declare that you have read, understood and expressly accept the following clauses of these Terms:
- Clause 5 (Third-Party Platforms and Third-Party Services), including the allocation of sole responsibility and the exclusion of liability for third-party terms and for changes made by third parties;
- Clause 8 (Fees, renewal and cancellation), including non-refundability, automatic renewal and price changes;
- Clause 9 (Suspension and termination), including our right to suspend or terminate unilaterally, and the data export period;
- Clause 10.2 (limited, revocable licence) and Clause 10.5 (assignment of feedback);
- Clause 12 (Warranties and disclaimers);
- Clause 13 (Limitation of liability), including the exclusion of liability for loss or restriction of third-party accounts and the aggregate financial cap;
- Clause 14 (Indemnity);
- Clause 15 (Governing law and disputes), including the choice of Romanian law, the exclusive jurisdiction of the courts of Suceava, and the one-year limitation period; and
- Clause 17 (Changes to these Terms and to the Services).
Where the Services present a separate acceptance control for this clause, ticking or activating that control constitutes your express written acceptance of the clauses listed above.
17. Changes
17.1 Changes to these Terms. We may update these Terms. Material changes take effect thirty (30) days after we notify you by email or through the Services, except where an earlier effective date is required by law or is necessary to address security, abuse, legal or platform risk. Continued use after the effective date constitutes acceptance. The current version, with its version number and effective date, is published at linkmatch.com/terms-of-use.
17.2 Changes to the Services. We may modify, enhance, suspend or discontinue any feature. If a change materially and adversely affects your use during a paid term and we are unable to provide substantially equivalent functionality, you may terminate the affected subscription and receive a pro rata refund of prepaid, unused fees. This clause does not apply to beta or free services, to changes required by law, or to changes originating with a Third-Party Platform or Third-Party Service.
17.3 Beta and free services. Beta, trial, preview and free services are provided “as is”, without warranty, support or any commitment as to availability, and may be modified or withdrawn at any time.
18. General
18.1 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign freely, including in connection with a merger, acquisition, reorganisation or sale of assets.
18.2 Entire agreement. These Terms, together with the incorporated documents, constitute the entire agreement between the parties and supersede all prior understandings on the same subject matter.
18.3 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder continues in full force.
18.4 Waiver. No failure or delay in exercising a right operates as a waiver. No waiver is effective unless made in writing.
18.5 Force majeure. Neither party is liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
18.6 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, agency, joint venture, fiduciary or employment relationship.
18.7 No third-party beneficiaries. These Terms confer no rights on any person who is not a party to them.
18.8 Export and sanctions. You represent that you are not located in, and will not use the Services from, any territory subject to comprehensive sanctions, and that you are not listed on any applicable restricted-party list.
18.9 Survival. Provisions that by their nature should survive termination will do so, including clauses 1, 7.1, 7.4, 8 (as to accrued amounts), 10, 11, 12, 13, 14, 15, 16 and 18.
18.10 Language. These Terms are made in English. Any translation is provided for convenience only, and the English version prevails in the event of any inconsistency.
18.11 Notices. Notices to us must be sent to Logical Pure Minds SRL, Strada Lazăr Vicol nr. 15, bl. E37, sc. A, ap. 47, Suceava 720245, Romania, and to [email protected]. Notices to you will be given through the Services or to the email address on your account, which you are responsible for keeping current.
Questions about these Terms: [email protected]
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