This Terms of Service ("ToS") agreement is entered into by and between you, the user, and Freelink SA, a company duly incorporated under the laws of Panama ("Company"), operating the clks.pro website ("Service"). This ToS governs your access to and use of the Service, which offers URL shortening capabilities alongside advertising services and payouts, facilitated by the Company and its partners globally, including within the European Economic Area (EEA).
By accessing or using the Service, you acknowledge and agree to be bound by the terms and conditions set forth in this ToS. If you do not agree to these terms, you must not access or use the Service.
Definitions
In this Terms of Service ("ToS"), the following definitions apply:
"Service" refers to the URL shortening and monetization services provided through clks.pro and its associated domains, features, and functionalities as offered by Freelink SA.
"User" or "You" refers to any individual or entity that accesses or uses the Service in any manner, whether registered under an account or not.
"Content" encompasses any data, text, information, links, graphics, photos, audio, videos, or other materials uploaded, downloaded, or appearing on the Service.
"Publisher" denotes a user who creates shortened URLs using the Service for the purpose of earning revenue.
"Referral" means an individual or entity that joins the Service based on the recommendation of a Publisher, under the terms of the Service's referral program.
"Earnings" refer to the revenue accrued by a Publisher or through referrals, as calculated and paid out by the Service according to the ToS.
1. Use of the Service
a. Legal Compliance and Prohibited Content: You agree not to use the Service for any illegal or unauthorized purpose, including but not limited to activities involving copyright-infringing content, defamation, child pornography, threats, stalking, abuse, harassment, or any other violation of an individual's or entity's legal rights.
b. Content and Link Restrictions: You shall not place shortened links on websites hosting content that is threatening, defamatory, harassing, obscene, or otherwise objectionable. This includes websites that may distribute malware, including viruses, Trojan horses, worms, time bombs, cancelbots, or any other software that could harm a viewer's computer or the operation of the Service.
c. URL Usage: Shortened URLs redirecting to websites containing prohibited content as outlined in subsection (b) are strictly forbidden.
2. User Conduct
a. Spam and Fraudulent Activities: Users are strictly prohibited from employing any means considered spam or fraudulent to promote shortened URLs created through the Service. This includes, but is not limited to, the following activities:
b. Interference with Service: Users must refrain from any actions that could interfere with the normal operation of the Service or adversely affect the experience of other users. Prohibited actions include:
c. Revenue Generation: The Service prohibits:
d. Misuse of Communication Systems: The Service's communication channels, including contact forms and support systems, are provided for genuine inquiries and support needs. Misuse of these systems is prohibited, including:
e. Content Restrictions: Users are forbidden from using the Service to shorten URLs that redirect to content considered illegal, unauthorized, or harmful, including but not limited to:
f. Respect for Privacy and Legal Rights: Users must ensure that their use of the Service does not infringe upon the privacy rights or other legal rights of individuals and entities. This includes refraining from activities that could be considered as harassment, stalking, or any form of unauthorized surveillance.
Adhering to these guidelines means users contribute to a safe, reliable, and legally compliant environment for all participants of the Service. Violation of any part of this conduct code may result in disciplinary actions, including account suspension and termination, as deemed appropriate by Freelink SA.
3. Company Rights and Responsibilities
a. Operational Rights: Freelink SA reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to the users. This may include adjustments to the functionality, the introduction of new services or features, or the limitation of users' access to parts or all of the Service. Users acknowledge that Freelink SA shall not be liable to them or to any third party for any modification, suspension, or discontinuance of the Service.
b. Data Handling and Privacy: The Company commits to maintaining the privacy and security of user data collected through the Service in accordance with applicable data protection laws. This includes taking reasonable measures to protect the information against unauthorized access, disclosure, alteration, or destruction. The specific practices related to data collection, use, and sharing are detailed in the Service's Privacy Policy, which users are encouraged to review.
c. Compliance with Legal Obligations: Freelink SA will operate the Service in compliance with all applicable laws and regulations, including but not limited to copyright laws, data protection and privacy laws, and anti-spam regulations. This includes undertaking efforts to ensure that content accessible through the Service does not infringe upon the intellectual property rights of others and responding to lawful requests and orders from law enforcement or other governmental authorities.
d. Advertising Practices: The Company reserves the right to display advertisements and promotional materials on the Service or in connection with the display of content or information from the Service, whether submitted by users or otherwise. The nature, frequency, and placement of these advertisements are subject to change. The Company will conduct its advertising practices in a manner that is transparent to users and in accordance with applicable advertising standards and regulations.
e. Financial Transactions: Freelink SA shall process financial transactions related to the Service, including payments to users for earnings generated through the use of the Service, in a timely and accurate manner. The Company will provide users with information regarding the calculation of earnings, available payment methods, and any applicable fees or charges. The Company will comply with all applicable financial regulations governing the transactions and safeguard the financial information provided by the users.
f. Service Integrity: The Company will take reasonable steps to ensure the integrity and security of the Service, including measures to prevent the introduction of malicious software or content that could harm users or their devices. However, users acknowledge that the Internet is not a completely secure environment and that the Company cannot guarantee that the Service will be free from security breaches. Users are advised to take their own precautions, such as using updated antivirus software.
g. User Support: Freelink SA will provide user support for the Service, including addressing user inquiries, troubleshooting issues, and facilitating dispute resolution in a timely and effective manner. The Company aims to ensure user satisfaction with the Service and will make efforts to resolve any issues or concerns that arise in the course of using the Service.
4. Referral Program
a. Eligibility and Earnings: The Service offers a referral program that enables users to earn a bonus for each new user they refer to the Service. The starting bonus rate is 10% of the referred user's earnings, subject to variations based on promotional terms or user-specific arrangements. The specific bonus rate applicable to each user will be detailed in their Service dashboard.
b. Conditions and Limitations: Referral bonuses are credited to the referring user's account balance and are subject to the same payment terms and conditions as regular earnings. The Company reserves the right to modify the terms of the referral program or terminate it at any time without prior notice.
5. Payment Terms
a. Payment Methods: Users eligible for payout may request payment through PayPal, FaucetPay, or Bank Transfer, subject to the minimum payout thresholds and processing times established by the Service and visible in User's dashboard when signed in to the Service's platform.
b. Earnings and Withdrawals: Earnings are calculated based on the rates published on the Service's website, which may vary according to geographic location, traffic quality, and market conditions. Users must accumulate the minimum required balance to request a payout.
c. Transaction Fees and Delays: Users are responsible for any transaction fees or charges associated with their chosen payment method. The Company is not liable for delays or failures in payment processing due to circumstances beyond its control, including but not limited to service disruptions, bank policies, or international transfer restrictions.
6. Legal Compliance and Liability
a. Indemnification: Users agree to indemnify and hold harmless the Company, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the user's use of the Service, violation of the ToS, or infringement by the user, or other users of the Service using the user's computer, of any intellectual property or other rights of any person or entity.
b. Limitation of Liability: The Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from the use or the inability to use the service.
7. Governing Law and Jurisdiction
This ToS shall be governed by and construed in accordance with the laws of Panama, without giving effect to its conflict of law provisions. Users agree to submit to the personal and exclusive jurisdiction of the courts located within Panama for the resolution of any disputes arising out of or relating to this ToS or the Service.
8. Amendments and Modifications
The Company reserves the right to amend or modify this ToS at any time, without prior notice to the user. Users are encouraged to review the ToS periodically for any changes. Continued use of the Service after any such changes constitutes acceptance of the new ToS.
9. Contact Information
For any inquiries or questions regarding this ToS or the Service, users may contact the Company through the contact information provided on the Service's website.
11. Data Protection and Privacy
In compliance with the General Data Protection Regulation (GDPR) and other relevant data protection laws, Freelink SA is committed to protecting the privacy and security of our users' personal data. This section outlines our responsibilities and the rights of our users concerning their personal data.
a. Collection and Use of Personal Data: Personal data collected by Freelink SA, including but not limited to, names, email addresses, and IP addresses, is used solely for the purpose of providing and improving the Service, processing payments, and complying with legal obligations. The specific types of data collected, and the purposes for which they are used, are detailed in the Service's Privacy Policy.
b. Data Subject Rights: Users have the right to access their personal data, request correction or deletion of their personal data, object to or restrict processing of their data, and request data portability. Users wishing to exercise these rights may contact Freelink SA using the contact information provided in the Service's Privacy Policy.
c. Data Protection Measures: Freelink SA implements appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. These measures are reviewed and updated regularly to ensure the ongoing security of personal data.
d. Data Breaches: In the event of a data breach that is likely to result in a risk to the rights and freedoms of individuals, Freelink SA will notify the affected users and relevant data protection authorities within the timeframe specified by GDPR or other applicable data protection laws.
e. Third-Party Processors: Freelink SA may engage third-party processors to process personal data on behalf of the Company. These processors are bound by contractual obligations to implement appropriate data protection and security measures and process personal data only as instructed by Freelink SA.
12. User Conduct and Traffic Quality
Freelink SA, in collaboration with its advertising partners, including but not limited to Google, is dedicated to maintaining the integrity and quality of the traffic generated through the Service. To ensure the effectiveness and legality of the advertisements displayed:
a. Quality Standards: Users must ensure that the traffic generated through their shortened URLs meets the quality standards set by Freelink SA and its advertising partners. Low-quality traffic, including but not limited to, traffic generated through automated means, non-human interaction, or deceptive practices, is strictly prohibited. Freelink SA will, to the best of its ability, disallow invalid traffic on its own merits.
b. Monitoring and Enforcement: Freelink SA and its advertising partners reserve the right to monitor traffic for compliance with quality standards. Users found to be generating low-quality traffic, as determined by Freelink SA or its advertising partners, may have their accounts suspended or terminated, and any accrued earnings may be forfeited.
c. User Obligations: Users agree to comply with all requests from Freelink SA or its advertising partners to cease activities that generate low-quality traffic and to take corrective actions as necessary.
14. Miscellaneous
This section addresses various legal and operational provisions not explicitly covered in other sections of the ToS:
a. Severability: If any provision of this ToS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
b. Non-Waiver: The failure of Freelink SA to exercise or enforce any right or provision of this ToS shall not constitute a waiver of such right or provision.
c. Assignment: Users may not assign their rights or obligations under this ToS without the prior written consent of Freelink SA. Freelink SA may assign its rights or obligations under this ToS to any party at any time without notice to users.
d. Entire Agreement: This ToS constitutes the entire agreement between the user and Freelink SA and governs the user's use of the Service, superseding any prior agreements between the user and Freelink SA.
e. Changes to the ToS: Freelink SA reserves the right to modify this ToS at any time. Users will be notified of any changes through the Service or via email. Continued use of the Service after such changes shall constitute consent to the new terms.
f. Governing Language: In the event of any inconsistency between the English version of this ToS and its translation into other languages, the English version shall prevail.