Terms of Service

These Terms of Service (the "Terms") are an agreement between you and BA Solutions, LLC, Tacoma, Washington, United States ("we", "us"), which operates SetLinks. They govern your use of the SetLinks website, dashboard, short links, QR codes, API and mobile apps (together, the "Service").

You accept these Terms when you create an account, or when you use the Service in any other way. If you use the Service for a company or other organisation, you accept these Terms on its behalf and confirm that you have authority to do so; "you" then means that organisation. If you do not agree to these Terms, do not use the Service.

If you only follow a SetLinks link, these Terms do not apply to you; our Privacy Policy explains how we handle your data.

These Terms include, by reference, our Acceptable Use Policy and, where you are subject to the EU GDPR, the UK GDPR or the Swiss Federal Act on Data Protection and we process personal data on your behalf, our Data Processing Addendum. Our Privacy Policy explains how we handle personal data; it is a notice, not part of this contract.

The Service is designed for business and professional use. If you are nonetheless a consumer, the mandatory consumer-protection law of the country where you live continues to protect you, and nothing in these Terms takes away a right that law gives you and does not allow a contract to remove.

SetLinks gives you short links at setlinks.io/{slug} that send each visitor to the destination you set for their device: for example, the App Store on an iPhone, Google Play on an Android phone, and a web page on a computer. In certain in-app browsers, a visitor bound for an app store sees a short intermediate page instead of an immediate redirect. The Service also offers:

• a QR code for every link;
• click analytics, by day, country, device class, referrer and destination;
• teams, so several people can manage the same links;
• an API for managing links from your own software, on plans that include it;
• mobile apps for managing your links from a phone.

Which features you have depends on your plan (§ 4). We describe the Service as it is today; it will change over time (§ 10).

Eligibility. You must be at least 18 years old, and able to enter into a binding contract, to create an account.

Your login. Each account is for one person. Do not share your login with anyone; invite them to your team instead. Give us accurate information, and confirm your email address when we ask: the Service cannot be used until you do. Keep your password and any sign-in method secure. You are responsible for everything done through your account, and you must tell us at once at support@setlinks.io if you believe someone has used it without your permission.

Teams. Links, plans and subscriptions belong to a team, not to a person. You create your first team after you sign up, and you become its owner. Others join a team by invitation, as admins or members; owners and admins can send invitations. Only the owner can choose, change or cancel the team's plan and manage its payment methods.

As a team owner, you are responsible for who you invite and for what your team's members do in the Service, and you confirm that you have a proper basis for giving us the email address of each person you invite. The number of members a team can have, and the number of teams one person can own, depend on the plan (§ 4).

The Service has a free plan and paid plans. Each plan's limits (links, team members, teams you may own, how far back its statistics go) and features are shown on our pricing section and in the dashboard, and the price is shown there before you confirm a purchase. Those pages describe the plans as they are today; what you are entitled to is the plan as it stood when you subscribed, changed only as § 5 allows. A team on a plan agreed individually with us has the limits and features we agree with it.

• Links and members. When a team reaches its plan's limit on links or members, the Service refuses to create another link, to resume a paused one, or to send another invitation, until the team is below the limit or moves to a larger plan. Paused links do not count toward the link limit.
• Traffic. No plan limits how many times your links are clicked or scanned, and we never stop a link from resolving because of its traffic. This is subject to fair use: if a team's traffic is so far beyond what is usual for its plan that it affects the Service or its cost to run, we may contact the owner and ask the team to move to a plan that fits it, including one agreed individually with us.
• Moving to a smaller plan. When a team moves to a plan with a lower link limit (including the free plan, at the end of a subscription for any reason), its active links above the new limit are paused, newest first. A paused link shows visitors a page saying it is paused instead of redirecting them. Nothing is deleted: paused links, their settings and their statistics stay in your account, and when the team later moves to a plan with a higher link limit, paused links, including ones you paused yourself, may be resumed automatically, oldest first, up to the new limit. Existing members stay on the team, but no new invitation can be sent while the team is at or above the new member limit. API keys stop working when a team's plan no longer includes API access.

This section sets out the terms on which we sell paid plans. It replaces our former Public Offer.

Price, currency and taxes

Paid plans are sold per team, by subscription billed monthly or yearly, as you choose when you buy, in United States dollars. The price for each billing period is the one shown in the dashboard or on Stripe's checkout page when you confirm. A plan agreed individually with us is billed as we agree with you. Prices do not include taxes. You are responsible for any sales, use, value-added, goods and services or similar taxes, duties and levies that apply to your purchase, other than taxes on our income; if we are required to collect any of them, we will show them on the invoice. Your bank may charge its own fees, for example for currency conversion.

Payment and automatic renewal

Payments are processed by Stripe, Inc. Card details are entered on Stripe's own forms and held by Stripe, not by us. When you start a paid plan, you authorise us, through Stripe, to charge the team's default payment method the plan's price for a whole billing period at once, and then at the start of each following billing period: every month on monthly billing, every year on yearly billing. Your subscription renews automatically for another period of the same length until you cancel it. We email a receipt for every payment, and your invoices are listed in the dashboard.

Changing plans

• Upgrading takes effect as soon as it is paid for: we charge the difference in price for the rest of the current billing period straight away, and the larger plan applies once that payment succeeds. If it fails, the team stays on its current plan. Your billing date does not change, except when you move to yearly billing (below).
• Downgrading to a smaller paid plan takes effect at the end of the current billing period. Until then, the team keeps its current plan, and there is no charge or credit for the change.
• Switching from monthly to yearly billing counts as an upgrade: the year is charged at once, less the unused part of the current month, and a new yearly billing period starts. Switching from yearly to monthly billing counts as a downgrade: the team keeps its yearly plan until the end of the year already paid for, and monthly billing starts then.

Promotional discounts

From time to time we may offer a discount on a paid plan, such as a discount for our first customers on yearly billing (the "Founding member" offer). Each offer is described where it is shown, with its percentage, the billing it applies to, and when it closes: on the date shown, or once the number of places shown has been taken, whichever comes first. Unless the offer says otherwise:

• it applies only to a team's first paid subscription, started while the offer is open, and only to the billing it names; the price you are charged is the one shown when you confirm;
• one place per owner: a person can take a place in an offer for only one team they own. Once a team has taken a place while they owned it, no other team they own can take one — even after that place has ended, that team has been deleted or passed to someone else; and while a team they own holds a place, no other team they own can take one. A team that passes to a new owner keeps its place, and the new owner does not gain a place of their own by it. Places taken before this rule was published are not affected;
• a discount on yearly billing applies to each yearly payment for as long as that yearly subscription continues without a break, including after a change to another plan on yearly billing, where it applies to the new plan's yearly price;
• it ends for good if the subscription moves to monthly billing, is cancelled, or ends for any other reason, including non-payment; it is not given again to the same team, and a discount that has ended does not come back if the team subscribes again;
• it cannot be combined with any other discount or offer, has no cash value, and cannot be transferred to another team;
• we may end an offer for new subscriptions at any time; that does not change a discount a subscription already has.

While a team has the Founding member discount, it also receives:

• early access to some new features before they are generally available. We choose which features, when, and for how long. An early-access feature may be incomplete, may change, and may be withdrawn, made generally available or made available only on some plans, at any time and without notice. It is not part of any plan, so the notice described under "Changes to prices and limits" below and in § 10 does not apply to it, and it is provided as described in § 13. We may also give early access to other teams;
• priority support: the team's support requests are marked as priority for our support team. We do not guarantee any response or resolution time, or any order in which requests are answered, and this is not a service-level agreement.

These benefits end when the team’s discount ends, for any of the reasons above (early access we have given the team separately may continue), and do not come back if the team subscribes again. They have no cash value and cannot be transferred to another team.

A discount lowers the price of each payment it applies to; everything else in this section, including renewal, cancellation and refunds, works the same. A refund is never more than the amount actually paid.

Free trial

We may offer a free trial of a paid plan, for the length of time shown where it is offered. Unless the offer says otherwise:

• a team can have one free trial, and only if it has never had a paid subscription; a person who owns teams can start one free trial in all, whichever of their teams it is for; no payment method is needed to start it, and the team has the plan's limits and features while it runs;
• we email the team's owner before the trial ends; the trial's end date is also shown in the dashboard, under Billing;
• if a payment method is on file when the trial ends, the plan's price is charged then, and the subscription renews automatically as described above. You can cancel before the trial ends at no charge;
• if no payment method is on file when the trial ends, the subscription ends, nothing is charged, and the team moves to the free plan, with the effect described in § 4;
• we may change or end the free trial offer at any time for trials not yet started; that does not shorten a trial already running.

Cancelling

The team owner can cancel at any time in the dashboard, under Billing. Cancelling stops the next renewal: the team keeps its paid plan until the end of the period already paid for (the month, or the year on yearly billing), and then moves to the free plan, with the effect described in § 4. Until then, the owner can undo the cancellation. Deleting a team, or deleting the account of a person who owns a team alone, ends that team's subscription immediately.

Failed payments

If a renewal payment fails, Stripe retries it over the following days and emails you, and the team keeps its plan while the retries continue. You can update the payment method in the dashboard at any time. If the last retry fails, the subscription ends and the team moves to the free plan, with the effect described in § 4.

Refunds

Fees are charged in advance and are not refundable, and we do not refund part of a billing period, including when you cancel, downgrade, or delete a team or your account, except where these Terms or the law say otherwise. We may choose to give a refund in other cases. A full refund of a subscription payment for the current billing period ends the subscription at once and moves the team to the free plan, with the effect described in § 4; a partial refund, a refund of the difference charged for an upgrade, or a refund of a payment from an earlier period, leaves the plan as it is. After a refund of the difference charged for an upgrade, a person on our team reviews whether the team keeps the larger plan.

If you dispute a subscription payment with your bank or card issuer, the subscription ends at once and the team moves to the free plan, with the effect described in § 4. Please write to us at support@setlinks.io first: most billing problems are faster to solve directly.

Consumers in the EU and the UK

If you buy a paid plan as a consumer in the European Union or the United Kingdom, you may have a legal right to withdraw from the purchase within 14 days without giving a reason. To use it, tell us at support@setlinks.io within 14 days of the purchase. We will then end the subscription and refund that payment in full.

Changes to prices and limits

We may change the price of a plan, or reduce its limits or remove one of its features. We will tell the owner of each affected team by email at least 30 days before such a change applies to them, and it will apply only from a billing period that begins after that notice. If you do not accept it, you can cancel before it applies. We may raise a plan's limits or add features at any time without notice. The free plan's limits may change at any time; we will announce a reduction in the dashboard before it applies.

Your links, their slugs, labels and destination addresses, your team's name and logo, and anything else you put into the Service are "Your Content". You own Your Content. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process and display Your Content only as needed to provide, secure and support the Service for you, and to comply with the law. The licence ends when Your Content is deleted from the Service, except for copies that remain for a limited time in backups and logs.

You are responsible for Your Content, and in particular for where your links send people. You confirm that you have the rights Your Content needs, and that it and the destinations of your links comply with the law and with our Acceptable Use Policy. We do not review links before they go live, and we are not responsible for the websites, stores or apps they lead to.

Click analytics about people who follow your links are Your Content too. We process them on your behalf and under your instructions, as our Data Processing Addendum describes, and you are responsible for having a lawful basis for measuring your links.

You must comply with our Acceptable Use Policy, which is part of these Terms. In short, you may not use the Service for phishing, malware, fraud or other deceptive or illegal destinations, to impersonate anyone, or to send spam; and you may not try to get around plan limits, rate limits or access restrictions, break or overload the Service, or access another customer's data.

We may pause a link, or suspend a team or an account, that we reasonably believe breaks the Acceptable Use Policy, without notice where the link poses a risk to the people who follow it. You can report abuse to support@setlinks.io.

The Service is subject to the economic sanctions and export control laws of the United States, the European Union and the United Kingdom. You represent and warrant that:

• neither you nor, to your knowledge, any team member or organisation you act for is named on, or owned or controlled by anyone named on, a sanctions list maintained by the United States, the European Union or the United Kingdom;
• you are not located, organised or ordinarily resident in Cuba, Iran, North Korea, Syria, the Crimea region, or the so-called Donetsk or Luhansk People's Republics, or in any other country or region that becomes subject to comprehensive, embargoed-country sanctions under those laws; and
• you will not use the Service, or let anyone use it, for or on behalf of a person or place described above, or in any other way those laws prohibit.

We may block access to the Service from embargoed countries and regions. Those technical measures do not replace your representations: you remain responsible for them, including when access is made through a VPN or similar tool. We may refuse, suspend or end the Service, without notice or liability, where we reasonably believe that providing it would breach these laws or these representations are untrue.

API

Teams on a plan that includes API access can create API keys and manage their links through the SetLinks API. An API key acts for your whole team: treat it as a secret, do not put it in code that runs in a browser or app you distribute, and revoke it in the dashboard as soon as you suspect it has been exposed. You are responsible for everything done with your team's keys. The API is subject to rate limits we set, and requests above them are refused. We may change the API, and we may suspend or revoke a key that is being used in breach of these Terms or in a way that threatens the Service or other customers.

Mobile apps

The SetLinks mobile apps are part of the Service and are covered by these Terms. The terms of the app store you download them from also apply to your use of the app; if the two conflict about the app store's rules, the app store's terms prevail.

For an app downloaded from Apple's App Store: these Terms are between you and us, not Apple, and we, not Apple, are responsible for the app and its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price, if any; to the extent the law allows, Apple has no other warranty obligation for the app. Apple is not responsible for any claim relating to the app, including product liability claims, claims that it fails to meet a legal or regulatory requirement, consumer-protection or privacy claims, or claims that it infringes a third party's intellectual property. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You may use the app only on Apple-branded products that you own or control, as permitted by the App Store's Usage Rules. We, not Apple, are responsible for investigating, defending, settling and discharging any claim that the app or your use of it infringes a third party's intellectual property.

We work to keep the Service available and your links resolving, but we do not promise any particular level of availability, and we offer no service-level agreement or credits. The Service may be interrupted for maintenance, by failures of the networks and providers it depends on, or by events outside our control.

We may change, add or remove features. If we remove a feature of a paid plan that is material to it, or discontinue the Service altogether, we will tell affected team owners by email at least 30 days in advance where we reasonably can, and § 11 applies to any fees you have paid in advance.

By you. You can stop using the Service at any time. You can cancel a subscription (§ 5), delete a team you own, or delete your account in the dashboard. If you own a team that has other members, you must first transfer ownership or delete that team.

By us. We may suspend or end your access to the Service, or to a team, link or API key, if you seriously or repeatedly breach these Terms, if you do not pay, if we reasonably believe it is necessary to prevent harm to visitors, other customers or the Service, or if the law or an authority requires it. Where it is reasonable and lawful, we will tell you first and give you a chance to put things right. We may also end these Terms for convenience by giving you at least 30 days' notice by email.

If we end the Service or your account for a reason other than your breach of these Terms, we will refund the part of any fee you paid in advance that covers the time after the end.

What happens to data. When a team or an account is deleted, its data is deleted as described in our Privacy Policy: its links stop resolving (a copy cached by our CDN may still answer for up to 10 minutes), and data held in backups and logs rolls off on its own schedule. Individual click records are removed at most 121 days after the click, whether or not the account still exists. Deletion cannot be undone, and we do not offer a self-serve export, so ask us at support@setlinks.io for a copy of your data before you delete.

Anything owed under § 5 or this section, your responsibilities under §§ 6 and 8, and §§ 12 to 18 survive the end of these Terms.

The Service, including its software, design, text and the SetLinks name and logo, belongs to us or our licensors and is protected by intellectual-property law. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service while your account is active. You may not copy, modify, resell, or reverse engineer the Service, except to the extent the law allows despite this restriction.

If you send us suggestions or feedback, we may use them freely, without obligation to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT EVERY VISITOR WILL BE SENT TO THE DESTINATION INTENDED FOR THEIR DEVICE, OR THAT CLICK ANALYTICS WILL BE COMPLETE OR EXACT.

Device detection relies on the information a visitor's browser sends, and click counts are derived from access logs, with automated traffic identified by heuristics, so both are estimates. Nothing in this section limits a warranty or guarantee that the law gives a consumer and does not allow a contract to exclude.

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHATEVER THE LEGAL THEORY, WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD 100.

These limits do not apply to liability that cannot be limited or excluded by law, such as liability for death or personal injury caused by negligence, for fraud, or, where the applicable law so provides, for intentional misconduct or gross negligence. If you are a consumer in the EU or the UK, these limits apply only to the extent your country's law allows.

You will defend, indemnify and hold harmless us and our officers, employees and agents against any third-party claim, and the resulting losses, damages, fines and reasonable costs, including legal fees, arising out of Your Content, the destinations of your links, your breach of these Terms or the Acceptable Use Policy, or your violation of the law or of anyone's rights. We will tell you promptly about any such claim, let you control its defence with counsel reasonably acceptable to us, and give you reasonable help at your expense; you may not settle a claim that imposes an obligation on us without our consent. If you are a consumer, this section applies only to the extent the law allows.

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Pierce County, Washington, have exclusive jurisdiction over any such dispute, and you and we consent to their personal jurisdiction and venue there. Either party may nonetheless seek urgent injunctive relief in any competent court.

To the extent permitted by law, each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective or representative action.

If you are a consumer who lives in the European Union, the United Kingdom or another country whose law gives consumers this protection, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country, and you may also bring proceedings in the courts of the place where you live.

We may change these Terms. If a change is material, we will tell you by email and announce it on our legal page at least 30 days before it takes effect. Other changes take effect when published here with a new version and effective date, and every version is recorded in the change log. If you do not agree to a change, you can stop using the Service and cancel your subscription before the change takes effect; continuing to use the Service after that means you accept it. A change required by law, or needed urgently to address security or abuse, may take effect sooner.

• Entire agreement. These Terms, with the Acceptable Use Policy and, where it applies, the Data Processing Addendum, are the entire agreement between you and us about the Service, and replace any earlier terms, including our former Public Offer.
• "In plain words". The "In plain words" summaries beside each section, and the headings, are there to help you read; they are not part of these Terms and do not add to, narrow or change what the Terms say.
• Severability. If a court finds any part of these Terms unenforceable, that part is enforced to the fullest extent possible, and the rest remains in effect.
• No waiver. If we do not enforce a right, we have not given it up.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of all or part of our business, and will tell you if we do.
• Events beyond our control. We are not liable for a delay or failure caused by events beyond our reasonable control, such as failures of third-party networks or providers, attacks, natural disasters or acts of government.
• Relationship. You and we are independent parties. Except as stated for Apple in § 9, these Terms create no rights for anyone else.
• Notices. We send notices to the email address on your account, or, for a team, to its owner. You send notices to support@setlinks.io. A notice by email is received when it is sent, unless the sender learns it was not delivered.
• Language. These Terms are written in English. A translation is for convenience only, and the English version governs.

BA Solutions, LLC
Tacoma, Washington, United States
support@setlinks.io