The entity providing the Service is Daonics OÜ.

By accessing the website at https://linq.email ("LINQ"), you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Furthermore you also agree to our privacy policy.

"Users" are users who sell their Content using Daonics OÜ's software.

"Customers" are customers of the Users.

"Content" includes videos, audio (for example music and other sounds), graphics, photos, text (such as articles, posts, comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials provided by Users.

"Service" or "Services" are the collective set of software logic, processing tools, interfaces and/or additional services as may be provided by Daonics OÜ to Users and Customers.

"Materials" is the Content, software or Services provided by Daonics OÜ.

"TOS" means these Terms of Service.

"Agreement" is the agreement between Daonics OÜ and Users or Customers for the provision of the Services to Users and/or Customers, including these TOS and all schedules, addenda, and other documents incorporated therein by reference, as may be amended and supplemented from time to time.

"We", "Us", "Our" means Daonics OÜ.

Permission is granted to temporarily download one copy of the materials (Services, Content or software) on Daonics OÜ's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;

• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on Daonics OU's website;

• remove any copyright or other proprietary notations from the materials; or

• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Daonics OÜ at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES AND MATERIALS IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS ON DAONICS OÜ'S WEBSITE ARE PROVIDED ON AN 'AS IS' BASIS. DAONICS OÜ MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE TEXT, GRAPHICS OR LINKS.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON DAONICS OÜ'S WEBSITE/S, EVEN IF DAONICS OÜ OR A DAONICS OÜ AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE, SHALL DAONICS OÜ BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS' FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED (€100) EUROS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

From time to time our website maybe unavailable due to unforeseen circumstances. We monitor our servers and try to maintain a 99.9% uptime at all costs.

Sometimes there may be bugs on our platform, we can't guarantee that there will never be issues. If you do come across any please do notify us so we can rectify it.

The materials appearing on Daonics OÜ's website could include technical, typographical, or photographic errors. Daonics OÜ does not warrant that any of the materials on its website are accurate, complete or current. Daonics OÜ may make changes to the materials contained on its website at any time without notice. However Daonics OÜ does not make any commitment to update the materials.

Daonics OÜ has not reviewed all of the sites and Content linked to its website and is not responsible for the contents of any such linked site or Content. The inclusion of any link or Content does not imply endorsement by Daonics OÜ of the site. Use of any such linked website or Content is at the Customer's own risk.

You will be presented with information about relevant costs before purchase confirmation on the Stripe website (stripe.com).

You authorize Daonics OÜ to send instructions to the financial institution that issued your card to take payments from your card account in accordance with this Agreement.

In some cases you may receive a special link which gives you access to a free trial for some add-on services.

During this period you will not be billed any service fees (including add-ons). When your free trial ends, your payment method on file will be charged for the amount of your plan plus any other add-ons you have opted in for.

You are still subject to transaction fees (see below "Transaction Fees") during the free trial period.

Our Services operate on a 'commission' basis in which case an application fee will be charged, per transaction, at the time Customers are billed.

Daonics OÜ may make changes to the application fee at any time without notice.

If you are using Stripe as your payment gateway, your transaction fees are taken at the time Customers are billed.

In some cases you may choose to add an add-on feature to your account which incurs an additional cost. You will be made clear what those amounts are before confirming your selection.

If your payment method fails and your account becomes past due, your account is subject to immediate suspension.

Suspension of account means your User Content may no longer be active, and new transactions may stop processing for your Customers.

No refunds will be given to Users of Daonics OÜ's software. User refunds to Customers are at the discretion of the User.

Transaction fees are non-refundable.

Daonics OÜ is not affiliated with any of the Users running on our platform.

Daonics OÜ will not be responsible for the delivery of any products or services sold (contained) in any of the emails powered by Daonics OÜ .

Daonics OÜ withholds the right to suspend any Users using our platform inappropriately if we deem so with written notice.

All Users must only use assets, Content and materials that they own the rights to. Copyright infringement will not be tolerated.

It is the Users responsibility to ensure their Customers are kept satisfied and attended to. Daonics OÜ promotes best business practices of honest nature.

All data that is processed by Daonics OU is stored in accordance with our privacy policy. Daonics OU takes privacy and security seriously. Daonics OU may analyse anonymized data and has full rights to all data processed on Daonics OU's servers on behalf of Users. We reserve the right to publish testimonials and User stories using non-personally identifiable information about the business (such as business name, logo) and non-performance based metrics for promotional purposes. Users using Daonics OU have the rights to their own data and the responsibility for its correctness is their own. Users also have the right to request removal of any testimonials in accordance with the compliance standards outlined below.

If you choose to import assets, material or Content, you must not submit any content that does not comply with this agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to our Services. We may use automated systems that analyze your content to help detect infringement and abuse, such as spam, malware, and illegal content.

You retain all of your ownership rights in your Content. However, we do require you to grant certain rights to Daonics OÜ and other users of our Services, as described below.

By providing Content to our Services, you grant Daonics OÜ a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, growing and improving the Service.

You also grant Customers a worldwide, non-exclusive, royalty-free licence to access your Content through our Services.

The licences granted by you continue until the Content is permitted to be removed as described below. Once removed, the licences will terminate, except where the operation of our Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require us to: (a) recall Content that is being used by Customers within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Legitimate Content is permitted to be deleted, not sooner than thirty (30) days, after Customers have been notified that the purchased Content is scheduled for deletion and will no longer be accessible.

Users and Customers must ensure they are compliant with all relevant laws, including but not limited to GDPR based on their Customer's and their own territory.

Daonics OU will maintain compliance for its own activities. Users must fulfill all data requests from EU Customers in a timely fashion and forward their requests to Daonics OU if necessary for processing.

The parties agree to take all steps necessary to reach an amicable agreement to any dispute or claim arising in relation to the validity, interpretation or fulfillment of the Agreement and these TOS. If a dispute cannot be settled amicably within thirty (30) days from the date on which either party has provided written notice of the dispute, then the parties will be bound by the dispute resolution procedure set out in the remainder of this clause.

Any disputes arising out of or in connection with the Agreement and these TOS, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be Singapore and will be in the English language.

The Tribunal shall consist of one (1) or three (3) arbitrator/s appointed in accordance with SIAC Rules.

In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court ("the SICC"); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.

The decision by the arbitral tribunal will be final and binding on the parties and its execution may be presented in any court of competent jurisdiction, including any court with jurisdiction over any party or its property. No party to the Agreement will challenge the decision or jurisdiction of the arbitral tribunal, nor the venue provisions as provided herein. Notwithstanding the foregoing, this Article 13 is without prejudice to a party's right to seek interim relief, including provisional or injunctive relief, through the competent courts to protect its rights and interests before, during, or after the arbitration.

Email: [email protected].linqs.email

You agree to indemnify and hold harmless DAONICS OÜ and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' or arbitration fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Services; (c) your violation of these TOS or any of our policies; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys' (or other professional) fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, these TOS, or your access to the Services.

Daonics OU may revise these TOS for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these TOS.

These TOS are governed by and construed in accordance with the laws of Estonia.

These TOS are effective as of 24 Sep 2024.