Scope and purpose of the contract
These contractual terms and conditions apply to the use of LinkFacts offered on the website https://one.linkfacts.link. The web platform is operated by LinkFacts S.A. as a cloud computing solution. This allows you to use the platform stored and operated by LinkFacts S.A. servers, via an Internet connection during the term of this contract, for your own purposes and to store and process your data using the software.
By submitting your order or registering as a user at linkfacts.link, you agree to these contractual terms and conditions in the plan applicable at the time of conclusion of the contract.
These contractual terms and conditions also apply to future contractual relationships.
You can view, print, download and save these terms and conditions at any time, even after the contract has been concluded, under the link “Terms of Service”.
1 – Notice of right of revocation
As a consumer, you have the right to revoke this contract within 14 days without having to provide a reason. The period within which the right of revocation can be exercised begins on the date of conclusion of the contract. Timely and unequivocal notification of your decision to LinkFacts S.A. is sufficient to exercise the right to revoke this agreement. You may also send such notification using the contact form available on our website, or by e-mail.
2 – Registration, assurances on registration, conclusion of contract
In order to use our services, you must first register on the linkfacts.link website. You may register only once and may create only one user profile. You may not use pseudonyms or artistic names and you expressly warrant that you are of legal age at the time of registration.
With your full registration, you submit an offer to enter into a user contract for the stipulated number of users (licenses) and warrant that all data provided by you during registration is accurate and complete. You are obliged to inform us immediately of any changes to your registration data.
LinkFacts will accept this offer by activating your user account for the Services. Upon such acceptance, the contract between you and us will be concluded.
If and to the extent that, upon registration, you provide personal data (e.g. personalized e-mail addresses) for one or more users in order to receive the desired number of licenses, you expressly agree to enter into our standard processing contract pursuant to Article 28(3) of the European General Data Protection Regulation (GDPR). This is available on the LinkFacts website under the heading “Privacy Policy” and forms an integral part of the agreement.
The “User” is any natural person who is authorized to use the Software in accordance with the provisions of these Terms. Only persons who are in a relationship with you under a contract of service, employment or apprenticeship may be authorized to use the Software. Direct or indirect use by others is prohibited. You warrant that you have obtained commitments from all users to abide by these terms and conditions and, in connection therewith, you will indemnify LinkFacts from any claims.
You are responsible for maintaining the secrecy of the password you selected at registration and all other access data and for ensuring that any staff member with access to such access data does the same; LinkFacts will not disclose your password to any third party and will not ask you for your password at any time except when using the software.
By representing and advertising products and services on our web sites, we are not making any binding offer to purchase any products or services.
3 – Prices and Payment Terms
LinkFacts offers registered users different plans on the web site:
Details on the fees for the different compensation plans can be found on the LinkFacts website under “Pricing”. The prices listed there are binding and include applicable value added tax. All fees must be paid upon conclusion of the contract and for the duration of the contract.
You may pay by the debit procedure offered on the website, including accepted credit cards, or by the online payment procedure. If a fee cannot be collected, you will be responsible for all associated costs, in particular bank charges related to the return of debits and comparable costs to the extent that you are responsible for the event that led to the collection of the fee.
LinkFacts, via the Partner’s payment gateway, will send you an invoice by e-mail regarding the fees paid.
4 – Type and Scope of Service
LinkFacts provides the Software in its respective current version for use at the routing point of the data center where the server with the Software is located (“Delivery Point”). The software, processing power and memory required for its use are provided by LinkFacts. LinkFacts is not, however, obligated to establish and maintain the data connection between your systems and the described delivery point.
Since LinkFacts operates exclusively on LinkFacts’ server or on a third-party server commissioned by LinkFacts, you do not require any rights to use the software and such rights are not granted to you.
Unless otherwise expressly agreed by the parties, the contracted service will not be made available to third parties.
5 – Availability of the Software
LinkFacts points out that limitations or alterations to the services rendered may occur which are beyond its control. These include, but are not limited to, interventions by third parties not operating on behalf of LinkFacts, technical conditions of the Internet over which LinkFacts has no influence, and force majeure. Even the hardware and software and the technical infrastructure that you use may have an impact on the Services. To the extent that such circumstances impact the availability or functionality of the service provided by LinkFacts, it does not impact the contractual compliance of the services rendered.
You are required to promptly notify LinkFacts of any interruption, disruption or corruption of the Software and to provide as accurate information as possible in this regard. If you fail to comply with this obligation, the Civil Code shall apply mutatis mutandis.
LinkFacts reserves the right to change the services offered on its web sites at any time and without notice or to offer different services, unless this is unreasonable for the user.
6 – Your duties as a user
In order to use the software, you must meet the system requirements defined in the product description; you are responsible for this.
You are solely responsible for making appropriate and regular backups of your data. This also applies to documentation (e.g., invoices) sent to you by LinkFacts in connection with the performance of the contract.
To the extent that you entrust LinkFacts with protected content (e.g., graphics, trademarks and other copyrighted and trademarked content), you grant LinkFacts all rights necessary to perform its contractual obligations. This includes, but is not limited to, the right to make such content available to other users. Insofar as you warrant that you own all necessary rights to the submitted material in order to properly grant the corresponding rights to LinkFacts
You are required to comply with applicable laws and the rights of third parties when using LinkFacts’ content and services. In particular, you must not
use offensive or defamatory content, whether such content affects other users, LinkFacts employees or other persons or companies
use pornographic content or content that violates youth protection legislation, or advertise, offer or distribute pornographic products or products that violate youth protection legislation
disturb other users in an unreasonable way (especially with spam)
use content protected by law (e.g. copyright, trademark, patent, industrial design or utility model) without permission, advertise, offer or distribute goods or services protected by law, or engage in or encourage any anti-competitive activity, including progressive advertising to customers (such as chain, snowball or pyramid schemes).
When publishing your graphics in public, be careful:
Publishing your graphic means making it publicly available on the Internet with a unique URL.
The graphic will be indexed by search engines, and it will automatically be added to our public map library.
LinkFacts users can use and develop your published graphics in public mode.
Any chart you create or any modification you make to an existing chart will be available publicly and permanently.
As a reminder, our goal is to create a vast library of public graphics, with free content from all branches of knowledge, created by LinkFacts users around the world in an atmosphere of mutual respect and cooperation.
The following actions are also prohibited:
If the rights of third parties are violated or legal provisions are infringed by the content you upload or by your use of the Services, you must immediately cease and desist from any use that is contrary to the contractual agreement and/or in violation of legal provisions.
You shall release LinkFacts from any claims, including claims for damages, that other users or third parties may have against LinkFacts for infringement of their rights as a result of content you upload. You shall also release LinkFacts from any claims, including claims for damages, that other users or third parties may have against LinkFacts for infringement of their rights as a result of your use of the Services. You shall bear all reasonable costs incurred by us as a result of any infringement of third party rights, including reasonable costs of legal defense. All other rights and claims for damages of LinkFacts remain unaffected.
7 – Data protection, data processing rights, data security
Personal data that you have provided upon registration will only be collected, stored, processed and used by LinkFacts to the extent necessary to fulfill contractual obligations, in particular for the provision and use of the services offered or where you have consented to their use.
LinkFacts undertakes to comply with the relevant data protection provisions. We refer you to our Data Protection Statement, which is available on the LinkFacts website.
With respect to the data you store on the allocated memory space, you are responsible for compliance with the laws applicable in the Grand Duchy of Luxembourg, the European General Data Protection Regulation (GDPR) (EC) 2016/679 of 25 May 2018, as well as, where applicable, any other relevant data protection legislation.
If and to the extent that you process (e.g., store) personal data of third parties on IT systems for which LinkFacts is technically responsible, you are solely responsible for ensuring that you comply with the necessary requirements (e.g., consent) pursuant to Article 6 GDPR for lawful data processing. Furthermore, in such cases, a contract will be concluded between you and LinkFacts on the processing of the data (see Art. 28(3) GDPR). Therefore, in the event that you process personal data of third parties using the services offered by LinkFacts, you undertake to inform LinkFacts without delay and to enter into the standard contract for data processing with LinkFacts available on the LinkFacts website under the heading “Data Processing”. The processing of special categories of personal data as defined in Art. 9 GDPR (e.g. health-related data) is strictly prohibited.
8 – Liability for Content, Data and/or User Information
LinkFacts assumes no responsibility for the content, data and/or information made available by LinkFacts users, nor for the content of linked external websites. In particular, LinkFacts does not warrant that such content is accurate, serves any specific purpose, or is capable of serving any specific purpose.
If you become aware that your use of the LinkFacts website is unlawful or in breach of contract (including the use of pseudonyms or misleading identities), we ask that you notify us using the contact form available on the websites.
9 – Customer Service and Support
You may submit questions or statements regarding your contract or our services at any time via the contact form available on the LinkFacts website or by e-mail.
10 – LinkFacts Liability
LinkFacts is liable to you in all cases of contractual and extra-contractual liability for deliberate acts and gross negligence in accordance with the legal provisions on damages or compensation for unnecessary expenses.
The liability of LinkFacts for damages resulting from injury to life, body or health and in accordance with the Product Liability Act as well as the assumption of warranty remains unaffected by the above limitations and exclusions of liability.
If the damage you suffer results from the loss of data, LinkFacts is not liable to the extent that the damage could have been avoided by regular and complete backup of all relevant data. You must make a regular and complete backup of the data yourself or have it made by a third party and are solely responsible for it.
11 – Termination of the contract, reimbursement of costs
The free plan can be terminated at any time without the need to specify the reason. Please inform us by using the contact form available on the LinkFacts website and indicating your username and the email address you have registered on our website.
Non-free plans may be terminated by either you or LinkFacts without stating a reason, upon fourteen (14) business days’ notice to the end of the minimum usage period specified during the registration process or, thereafter, to the end of any extension period. Notice of termination may be submitted using the contact form available on the LinkFacts web site, by e-mail. The notice of termination must indicate the username and email address registered on the LinkFacts websites.
The right of either party to terminate the Agreement for cause remains unaffected. A material reason for termination by LinkFacts exists when the continuation of the contractual relationship until the expiration of the statutory termination period is not reasonable for LinkFacts, taking into account all the circumstances of the particular case and considering the real interests of both parties. Important reasons include the following events:
failure by you to comply with legal provisions;
breach of contractual obligations,
the reputation of the services offered by LinkFacts is tarnished, and not only insignificantly, by you;
you advertise associations, communities, methods or activities that are controlled by safety or youth protection authorities;
you harm one or more other users;
you are a member of a cult or controversial group.
Where there is a significant reason, LinkFacts may impose the following sanctions, regardless of termination:
removal of the content you have uploaded;
issuing a warning;
(temporary) blocking of access to LinkFacts’ services.
In the event of termination of the agreement or blocking of access under this section, your right to reimbursement of fees paid in advance shall cease.
12 – Final Provisions
Amendments and supplements to these contractual conditions must be made in writing to be valid. This applies in particular to an agreement to waive this written form requirement.
Should individual provisions of these contractual conditions be or become invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with the valid provision that comes closest to the economic purpose of the invalid provision. The same applies, by analogy, to any loopholes in this Agreement.
LinkFacts reserves the right to change these terms and conditions at any time without giving reasons, unless it is unreasonable for you to do so. We will notify you in a timely manner of any changes to these terms and conditions. In the absence of any objection by you to the validity of the new contractual terms and conditions within 14 days of the notification of the change, the changed contractual terms and conditions will be deemed to have been accepted by you. We will remind you of your right to object and the importance of the objection period in the notice of amendment.
In the absence of an agreement to the contrary, you are entitled to make all declarations to LinkFacts by e-mail, using the appropriate contact form available on our website or by post. LinkFacts is entitled to make representations to you by e-mail or regular mail at the addresses you have provided as your current contact information in your user account.
This agreement is governed exclusively by Luxembourg law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are not applicable. If you are a consumer and, at the time of the conclusion of this contract, you have your habitual residence in another country, the application of the mandatory legal provisions of that country will not be affected by the choice of law. In all other cases, the relevant legal provisions apply for local and international jurisdiction.
How to contact us
If you have any questions regarding these Terms of Service, you may contact us using the information below.
LinkFacts
28 rue du Chateau
Munsbach, – L-5374
Luxembourg
[email protected]
LinkFacts, the online concept and mind mapping solution, provides individuals, teams, and communities with both the tools and the collaboration platform.
