LYNKIE TM TERMS OF USE
(Effective: April , 2024)
PLEASE READ THE FOLLOWING TERMS CAREFULLY PRIOR TO USING OUR SERVICES.
Lynkie Corp. (“Lynkie” “we” “us” or “our”) operates the [URL] website (the “Site”) and Lynkie mobile application (Application”), any other website or mobile application that links to these Terms of Use and related service offerings (collectively, the “Services”). These Terms of Use (“Terms”) apply to your use of the Services. Your use of the Services, whether or not you click to accept these Terms when you use the Services or create an account with us, constitutes your acceptance of these Terms.
You understand and agree that these Terms create a binding agreement between you and Lynkie, you agree to comply with these Terms, and represent and warrant to us that you are a US resident at least 18 years of age or older (if the age or majority in your state is older than 18). At this time, our Services are not for minors or non-US residents. If for any reason you determine you cannot or do not want to comply with these Terms, immediately discontinue use of our Services.
INTRODUCTION AND SPECIAL NOTICES FOR APPLICANTS AND HIRING PARTIES
Our Services allow job applicants to use our platform with text and/or audio and/or face scans (i.e., photos) submitted by the applicant to create elevator pitch animations or videos as if the still image of you is talking with your pitch (collectively, “Animations“). We reserve the right to use artificial intelligence software to help you generate the Animations as part of our Services and you consent to the same when you request an Animation through the Services. The number, type, length or quality of Animations you can generate may be subject to tiered subscription plans, so some features may be on a paid basis even if the standard Animation is available to a job applicant at no charge. We also reserve the right to charge prospective employers or others querying Animations for prospective job applicants separate subscription fees. Applicable terms and payment fees will be notified to users via the Services.
Notice for Applicants: We reserve the right to limit Animations to one per person at any given time, though you may choose to update an Animation over time or for different jobs. Your Animation(s) should only include truthful and accurate information about you. You may not show someone else’s face other than your own or pretend to be someone you are not. If we become aware of violations of these Terms, we may suspend your Animations, account and take other available legal action without any prior notice. Your Animations are not confidential and will be seen by other users of the Services and possibly other persons as well. Do not disclose confidential or private or overly personal information in or for Animations.To be able to use the Services as a job applicant, you are also required to consent to our separate “Privacy Policy” and “Lynkie Face Scan Biometric Data Privacy Statement,” which are incorporated into these Terms. Notice for Hiring Parties: We rely on the honor system and do not screen applicants or the information included in their Animation. Animations are merely one data point in a hiring process. You need to do your own diligence on applicants and comply with all applicable laws and regulations that apply to your organization’s hiring process. You may notify us about concerns you have with a given applicant or Animation, provided, we have no obligation to take any specific action in response and will address matters brough to our attention as we determine.
ALL USER TERMS
These Terms apply across all of our users, whether you are a job applicant or a prospective employer unless these terms draw a specific distinction between the two kinds of users.
1. Access Rights to You. Subject to the terms of this Agreement, Lynkie grants you a limited, non-exclusive, non-sublicensable, and nontransferable right to: access, download, install and/or use the Services in the United States for your personal purposes (if you are an applicant) and internal business purposes (if you are a hiring party). The foregoing access may be made available via the Site and/or Application, in Lynkie’s discretion.
2. Access Restrictions on You. You shall not, and shall not allow a third party, to: (a) copy the Services or any software code underlying the Services; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Animations or Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or Animations, including any copy thereof; (e) rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Site or Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services.
3. Our Reservation of Rights. You acknowledge and agree that access to the Site and Application are provided under these Terms and you do not acquire any ownership rights therein, other than a limited right to use the Services in accordance with the rights granted in Section 1 above, and subject to all terms, conditions, and restrictions, under these Terms. Lynkie and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including improvements thereto and all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in Section 1 above. For purposes of this Section 3, Lynkie does not claim ownership of any face scan or photo of you provided by you to generate Animations.
4. Collection and Use of Your Information. You acknowledge that when you use the Services, Lynkie may collect information about you and we will use it subject to our separate “Privacy Policy” and “Lynkie Face Scan Biometric Data Privacy Statement,” which are incorporated into these Terms and may be updated from time to time.
If you submit content to us for an animation, whether a face scan, photo, text or other content (“UGC”), it must comply with the guidelines below.
• No UGC may violate a third party’s intellectual property or proprietary rights, rights of privacy or rights of publicity.
• Nor may the UGC promote, endorse, solicit or condone unlawful conduct or disparage or harass others on any basis, including, without limitation, race, sex, gender, religion or sexual orientation.
• Do not feature any third party-owned trademarks, trade dress, logos, sound clips, music, video clips, videos, images, or other third-party owned content in any UGC.
• Do not show children in any UGC.
• UGC should not contain nudity, sexual activity, profanity, expletives, legal violations or incitement of illegal activity or other content we determine not in keeping with the good reputation of Lynkie.
We reserve the right to take down any UGC that violates these guidelines, applicable laws, or our good reputation.
By submitting any UGC to us, you represent and warrant it is your own original content or you otherwise have all necessary permission to show any third party content therein, and you are not under an employment or contractual obligation to submit the UGC to anyone else, and you hereby agree to indemnify, defend and hold us and our affiliates harmless from any claim that your UGC fails to conform to these Terms or infringes, misappropriates or violates any rights of a third party.
When you submit UGC to us, you grant us a worldwide, irrevocable, perpetual, royalty-free, fully paid up, right and license, including the right to sublicense, and create derivative works, to use the UGC (and your name, image, likeness, or persona reflected in the UGC) to provide the Services and in any media in any manner we determine for our business purposes without notice or compensation to you.
5. Updates. Lynkie reserves the right to change, suspend, remove and/or disable access to and/or use of any content and services within the Services at any time without notice. We may from time-to-time in our sole discretion develop and provide updates to Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of Services.
6. Third-Party Materials. Third party websites or other content may be accessible through the Services as a convenience or for information (“Third-Party Materials”). We do not control and are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. We reserve the right to change, suspend, remove, or disable access to any Third-Party Material at any time without notice or liability to you. Should you choose to access Third-Party Materials, you do so at your own initiative and risk.
7. Electronic Communications. You hereby agree to the use of electronic communications in order to accept these Terms, to create other records and to the electronic delivery of notices between you and us with respect to the Services and these Terms.
8. Suspension. We may suspend, interrupt, terminate or limit any or all functionalities of the Services without prior notice. You may also optionally suspend or cease using the Services.
9. Termination. These Terms will apply to you for so long as you access or use the Services. We may terminate these Terms at any time without notice and concurrently make all access to the Services inaccessible. Your rights to use the Services under Section 1 above will terminate immediately and automatically without any notice requirement if you violate any of these Terms. Upon such termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Services. Sections 2, 3, 4, 7, 9, 10, 11, 12, 13, and 14 as well as the special Notice sections above will survive any termination of these Terms or your use of the Services.
10. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LYNKIE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LYNKIE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY PARTICULAR HARDWARE, EQUIPMENT, DEVICE OR OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. LYNKIE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES MAY BE ACCESSED OR USED OUTSIDE OF THE UNITED STATES OR THAT USE OF THE SERVICES OUTSIDE THE UNITED STATES IS LEGALLY PERMITTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LYNKIE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES OR THIRD-PARTY MATERIALS FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER/EQUIPMENT OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LYNKIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LYNKIE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OR MISUSE OF THE SERVICES OR YOUR BREACH OF THESE TERMS, INCLUDING BUT NOT LIMITED TO THE CONTENT AND INFORMATION YOU SUBMIT OR MAKE AVAILABLE THROUGH THE SERVICES, AND ANY VIOLATION OF APPLICABLE LAW BY YOU.
13. DMCA Notice:
In accordance with the U.S. Digital Millennium Copyright Act, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on the Site. If you believe in good faith that content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.
1. A full and complete identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your name, address, email and telephone number.
4. Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
[insert address and/or email]
We will review and address notices that comply with the above requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to any of the Services for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
14. Additional Terms:
a. Severability. If any provision of these Terms is illegal, invalid or unenforceable under applicable law, such illegal, invalid or unenforceable provision shall be deleted from these Terms and the remaining provisions will continue in full force and effect.
b. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of North Carolina.
c. Dispute Resolution. Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in Raleigh, North Carolina and you and we each irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
d. Waiver of Jury Trial and Class Action. You irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any legal action arising out of or relating to these Terms of the Services or to join or consolidate your claims with claims of other user with respect to other accounts, bring mass, class action, or consolidated claims in court or litigate any claim as a representative or user of a class or in a private attorney general capacity.
e. Entire Agreement. These Terms, the Privacy Policy and the Lynkie Face Scan Biometric Data Privacy Statement and Release comprise the complete agreement between you and us regarding your use of the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
f. Waiver. No failure to exercise, and no delay in exercising, on our part, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
g. Amendment. We may amend and update these Terms in the future and any such amendment will be effective upon the earliest of our posting of the updated agreement on or through the Services, or providing notice of the update to you otherwise. Your access or use of the Services after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated version.
h. Suggestions. With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to us, whether using the Services, or otherwise, regarding the Services (not including UGC described in Section 4 above), you agree that: you have the right to provide the Feedback to us; we have no obligation to review, consider or act upon any Feedback; the Feedback is not confidential; and we have the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution or compensation to you.
i. Contact Us. Questions with respect to these Terms may be directed to info@lynkie.com.