Terms and Conditions

Introduction

These Terms and Conditions ("Terms") govern your use of Action Links ("Service"), a product created and maintained by Objectively Ltd (trading as 'Objectively Digital') ("us", "we", "our").

Please read these Terms carefully. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Service.

If you, as an individual, are accessing or utilising our Service for a business, group, employer, or any other entity (collectively referred to as "Organisation"), then the following conditions apply:

• (i) The agreement outlined in these Terms of Service binds both you and the Organisation to us.

• (ii) You confirm and guarantee that you are authorised to commit the Organisation to these Terms. If you lack such authority, you are not permitted to access or use our Service.

• (iii) By agreeing to these Terms, you are also agreeing on behalf of the Organisation.

• (iv) Should your affiliation with the Organisation end, or if you no longer use an email address provided by, belonging to, or allocated by the Organisation, we reserve the right to suspend or terminate your personal access to our Service. In such cases, control and management of your account may be transferred.

• (v) We hold the right to share details about you and your use of the Service, including any content you provide ("Your Content"), with the Organisation and relevant individuals connected to the Organisation.

• (vi) In these Terms, the references to "you" and "your" include both yourself and the Organisation you represent. In cases where you register for our Service using an email from an Organisation, or if the Organisation settles the fees for your Service usage (or reimburses you for such expenses), or in other related circumstances, we may, at our discretion, consider you to be using our Service on behalf of the Organisation. You assure us that any information you provide about the Organisation, including details about other users linked to the Organisation or email domains owned by the Organisation, is and will always remain true, complete, and up-to-date. You also agree to promptly inform us of any changes or inaccuracies in such information.

Eligibility and Compliance

• To use our Service you must be legally capable of entering into a binding agreement with us, including on behalf of any relevant Organisation you represent, if applicable. Your use of Action Links is also contingent upon your adherence to these Terms and all relevant laws and regulations at local, state, national, and international levels.

• A minimum age requirement of 16 years is set for using our Service. Depending on your location, the age requirement may be higher due to local digital consent laws, which you are responsible for verifying.

• By using our Service, you affirm and guarantee that you fulfil the necessary age criteria and possess the legal capacity to accept these Terms. If you are legally considered a minor and thus unable to enter into a binding contract, you declare that you have obtained consent from a parent or guardian. This consent implies that your parent or guardian agrees to these Terms on your behalf.

• For parents or guardians overseeing a minor’s use of Action Links, by accepting these Terms, you take responsibility for the minor's use of our Service and affirm that the minor complies with these conditions.

• Action Links is not available to anyone who has been previously barred from using the Service.

• Subject to your compliance with these Terms, you may access and use the Service during the Subscription Term (defined below), except as may be limited by your Organisation.

Accounts

• When you create an account with Action Links, you must provide accurate and complete information. You are responsible for choosing a strong and secure password, and for safeguarding the password that you use to access the Service, as well as for any activities or actions that take place on your account.

• You agree not to disclose your password to any third party and must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You are solely responsible for the activity that occurs on your account.

• You are also responsible for safeguarding your own data by only inviting users to your Action Links organisation who have the appropriate permissions to access the data held in the systems your Action Links account is integrated with.

• We may use the email address associated with your account to send you notices relating to our Services, including those required by law. We may also use your email address to send you other marketing messages, including updates about changes to our Services, such as new features or special offers. If you do not want to receive such email communications, you may opt out or change your preferences by clicking the unsubscribe or manage preferences links within each marketing email. Opting-out will not prevent you from receiving Service-related notices.

Integrations

• Our approach to data processing and storage is designed to comply with relevant data protection regulations like GDPR, etc.

• Action Links processes data from integrated systems to create user interfaces and facilitate functionality. This process involves reading and transforming data from these systems for display or interaction within Action Links​​​​.

• It’s important to note that while Action Links may process this data, it typically doesn't store it, with the exception of tokens or API keys needed for system authentication​​.

• You are responsible for ensuring that you have the rights to use and share the data you integrate with Action Links.

• We may collect anonymous behavioural data about how your users interact with the Links you've created with Action Links. This data is crucial for improving user experience, identifying usage patterns, and making informed updates to the service.

• Any data processed through Action Links, especially from third-party integrations, is handled with a focus on security and privacy. This includes ensuring that sensitive data is handled according to best security practices.

Data Storage

• Action Links employs robust encryption methods, such as AES256 encryption, to protect stored data. This is particularly relevant for sensitive information like integration keys and authentication tokens​​.

• The application ensures that encryption keys are stored separately from the encrypted data, adding an additional layer of security.

• For integrations to function, Action Links stores tokens or API keys required to access third-party systems. The storage of these keys is secured using advanced encryption methods to prevent unauthorised access​​.

• Ensuring data integrity is paramount. Action Links implements measures to ensure that the data being processed and stored is accurate and consistent, especially when syncing with integrated systems.

• Accessibility of data is managed in a way that balances ease of access for legitimate use and stringent controls to prevent unauthorised access. You acknowledge that Action Links employs security measures to protect user data but makes no guarantees as to the absolute security of your data.

Intellectual Property

• All intellectual property rights, including copyrights, patents, patent disclosures, and inventions, in the Service are owned by or licensed to Objectively Ltd.

• It is your responsibility to ensure that you own the intellectual property for any content that you share through the Service. The rights for any content shared through the Service will be retained by the original copyright holder.

• We may invite you to, or you may choose to, submit comments or feedback about Action Links ("Feedback"). You agree that we will own any such Feedback and that we are free to use and disclose the Feedback on a non-confidential basis or otherwise to anyone without any additional compensation to you. You acknowledge that, by accepting your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Subscription Plans and Payments

• We offer plans that you may choose to subscribe to that allow you to use certain aspects of our Services, either for free or for a fee (a "Subscription Plan"). We may change Subscription Plans, including by offering new services or features for additional fees and charges or by adding or amending fees and charges for existing Subscription Plans, at our sole discretion. Any change to a Subscription Plan’s pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. Subscription Plans may set limitations on your use of designated Service aspects. Use of Service aspects in excess of a Subscription Plan’s designated allotment may result in (additional) fees, and such fees will be included in a true-up invoice or charged automatically via the payment method associated with your Action Links account ("Payment Method").

• You agree to pay all fees or charges to your account based on Action Links' fees, charges, and billing terms in effect as shown on our website. Action Links uses third-party payment processors for the processing of payments. You agree to share your payment information with third-party payment processors for the purpose of processing payments. We currently use Stripe as our third party payment provider, and by using our Services you agree to be bound by Stripe's Services Agreement (currently available at https://stripe.com/us/legal). If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.

• Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less, as well as any costs of collection we incur.

Renewing Subscriptions

• Your subscription will continue until cancelled by you or until we terminate your access to or use of our Services in accordance with these Terms. Unless and until canceled by you, all Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term. If you do not want a Subscription Plan to automatically renew, it is your responsibility to cancel it before the end of the Subscription Term by emailing us at [e-mail].

• If you purchase a Subscription Plan, we (or our third-party payment processor) will automatically charge you each year or month, as applicable, on the anniversary of the commencement of your subscription, using the payment information you have provided, until you cancel your subscription. By agreeing to these Terms and choosing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.

Fair Use Policy

• Action Links allows users to create an unlimited number of Links. However, this privilege is subject to a fair and reasonable use clause. The creation of Links should reflect genuine, individual needs and must be conducted within reasonable limits. Excessive creation of Links that appears to be automated, non-individualised, or beyond normal patterns of usage may result in restrictions or termination of service.

• All Links created on the Action Links platform must be manually created by the user. The use of automated systems, scripts, or bots for the creation of Links is strictly prohibited. Any attempt to automate the Link creation process may lead to immediate termination of the user's account without notice. You also may not utilise automated tools like robots, spiders, scrapers, data mining tools, data gathering or extraction tools, or any other automated means, to access, collect, copy, or record the Services.

• The Action Links platform must not be used for any illegal activities, including but not limited to spamming, phishing, or disseminating malicious content. Users are responsible for ensuring that their use of the platform complies with all applicable laws and regulations. Engaging in illegal activities or using the platform to disseminate spam or unwanted content may result in immediate termination of the user's account and possible legal action.

• Each organisation is limited to one Action Links account. Creating multiple accounts to circumvent fair use limits or for any deceptive practices is strictly prohibited. Violation of this policy may result in the termination of all associated accounts.

• Objectively Ltd reserves the right to modify its pricing and usage policies for Action Links and its other products and services in the future. This may include introducing charges based on usage levels, implementing tiered pricing plans, or charging a percentage fee on sales transactions made through the platform. Any such changes will be communicated to users in advance and will be effective as per the communicated date.

• By using Action Links, users agree to comply with this Fair Use Policy. We reserve the right to monitor usage to ensure compliance with these terms. In cases of non-compliance, we may take action including, but not limited to, issuing a warning, suspending service, or terminating the user's account.

• We reserve the right to modify this Fair Use Policy at any time. Users will be notified of any significant changes to the policy, and continued use of the service following such changes will constitute acceptance of the new terms.

Restricted Use

• You may not disassemble, reverse engineer, decode, or decompile any part of the Services.

• You may not copy, rent, loan, lease, sell, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of our Intellectual Property whole or in part.

• You may not use the Services in any manner or for any purpose (including, without limitation, by uploading, storing, or otherwise providing us with access to data or content) that: (i) violates or promotes the violation of any applicable law, regulation, legal requirement, contractual obligation, or right of any person; (ii) is fraudulent, false, deceptive, or defamatory, including phishing; (iii) promotes hatred, violence, or harm against any individual or group; or (iv) otherwise may be harmful, obscene, or objectionable to us, our providers, our suppliers, our users, or others.

• You may not overload, flood, spam, or mail-bomb the Services; or otherwise use the Services, including by using the Services to send unsolicited communications, promotions, advertisements, or spam.

• You may not use or display the Services in competition with us, to develop competing products or services, for benchmarking or competitive analysis of our organisation or the Services, or otherwise to Objectively Ltd's detriment or disadvantage.

• You may not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services.

• You may not transmit viruses, worms, or other software agents through the Services.

• You may not impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose, including phishing.

• You may not use or attempt to use a log-in credential other than your own, share passwords or authentication credentials for the Services, or otherwise circumvent our pricing, our fees, or the measures we may use to prevent or restrict access to the Services, to enforce limitations on use of the Services (for example, by attempting to hide the Action Links logo from your interfaces when using our free Starter plan), or to sublicense and/or charge fees for each user of the Services.

• You may not identify or refer to Objectively Ltd or the Services, all or individually, in a manner that could reasonably imply an endorsement, a relationship or affiliation between you or a third party and Objectively Ltd, other than your permitted use of the Services under our Terms, without our express written consent.

Service Modifications and Interruptions

• We reserve the right to change, modify, or remove features of the Service at any time or for any reason at our sole discretion without notice.

• We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

• We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

• You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.

• Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

Termination, Changes or Suspension

• We may change our Services, stop providing our Services or features of the Action Links product to you or to our users generally, or create usage limits for our Services.

• If you cancel or terminate your Subscription Plan, your right to use our Services will continue until the end of your then-current Subscription Term and then terminate without further charges.

• We may terminate or suspend your account immediately, without prior notice, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If we cancel or terminate your Subscription Plan, except in the event of your breach or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term.

• Notwithstanding the foregoing, if you live in the European Union or Turkey and cancel your Subscription Plan within fourteen (14) days of purchase, you will be eligible for a refund of any payments made for the canceled Subscription Term, and, if you request such a refund, your right to use our Services will terminate immediately upon cancellation of your subscription. Subject to the preceding sentence, if you cancel or terminate your Subscription Plan, unless required by law, you will not receive a refund of any portion of any fees paid for the then-current Subscription Term at the time of cancellation.

• Upon termination, you continue to be bound by these Terms and Conditions.

Privacy

• The privacy of our users, and their users in turn, is incredibly important to us. By using our Services you acknowledge that we may collect, use, and disclose your personal information and aggregate and/or anonymised data as set forth in our Privacy Policy, and acknowledge that you may have your personal information collected in, used in, transferred to, and processed in the UK and the European Union. If your use of the Service requires us to process any personal data or personal information within the content or data your provide to us, including through integrating your account with another product or service, as these terms are defined in and in accordance with applicable privacy laws or regulations, we will do so at all times in accordance with our Privacy Policy and the Terms outlined here.

Limitation of Liability

• In no event shall Action Links, its directors, employees, partners, or agents be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, or goodwill, arising out of or in connection with your access to or use of the Service.

• Our Service is provided on an "as is" and "as available" basis. Use of our Service is at your own risk. To the maximum extent permitted by applicable law, our Service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

• You agree to indemnify and hold harmless Objectively Ltd and its officers, directors, employees, and agents from any claims arising out of your use of the service.

Changes to These Terms

• We reserve the right to modify these Terms at any time. In such cases, we will update the ‘last updated’ date at the bottom of this page. When we change these Terms in a material manner, we will notify you that material changes have been made to these Terms, for example by posting the modified Terms on our website, by displaying a prominent notice within the Service, or through other communications. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to any part of these Terms or any future Terms and Conditions, do not use or access (or continue to access) the Service.

Governing Law and Confidentiality

• These Terms shall be governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland.

• You agree not to use the service for any unlawful purpose.

• From time to time, either party to these Terms (the "Disclosing Party") may disclose or make available to the other (the "Receiving Party") non-public, proprietary, or confidential information of the Disclosing Party (“Confidential Information”). If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially-reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.

Publicity Rights

• We may identify you as an Action Links customer in our promotional materials. We will promptly stop doing so upon your request, which you may submit by emailing [e-mail].

Contact Us

If you have any questions about these Terms, please contact us at [e-mail].

Date of Last Revision: 26 November 2023