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1. AGREEMENT TO OUR LEGAL TERMS

We are LINKMUP, SOCIEDADE UNIPESSOAL LDA, doing business as Prendi ("Company", "we", "us", "our"), a company registered in Cabo Verde at Rua Ilha Do Maio, 1ª Andar, Nossa Senhora Da Graça, Palmarejo, Praia, Santiago. Our VAT number is 299096491.

We operate the website https://prendi.cv (the "Site"), the mobile application Prendi (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

About Prendi:

We combine cognitive science and artificial intelligence into a single app that will help you learn any language faster and very effective.

You can contact us by phone at +2389561414, email at marcelo@linkmup.com, or by mail to Rua Ilha Do Maio, 1ª Andar, Nossa Senhora Da Graça, Palmarejo, Praia, Santiago, Cabo Verde.

Important Agreement:

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and LINKMUP, SOCIEDADE UNIPESSOAL LDA, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by marcelo@prendi.cv, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

Age Requirements:

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

2. OUR SERVICES

Important Notice:

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Regulatory Compliance:

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

3. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Restrictions:

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: marcelo@linkmup.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

Rights Reserved:

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the PROHIBITED ACTIVITIES section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions:

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos):

By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload:

By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our PROHIBITED ACTIVITIES and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content:

Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the COPYRIGHT INFRINGEMENTS section below.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

Your Representations:

Registration Information: All registration information you submit will be true, accurate, current, and complete;
Information Maintenance: You will maintain the accuracy of such information and promptly update such registration information as necessary;
Legal Capacity: You have the legal capacity and you agree to comply with these Legal Terms;
Age Requirement: You are not under the age of 13;
Minor Status: You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
Human Access: You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
Legal Use: You will not use the Services for any illegal or unauthorized purpose; and
Compliance: Your use of the Services will not violate any applicable law or regulation.

Consequences of False Information:

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. USER REGISTRATION

Registration Requirements:

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Free Trial

We offer a 7-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you have any questions or are unsatisfied with our Services, please email us at marcelo@linkmup.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

6. PROHIBITED ACTIVITIES

Service Usage Restrictions:

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Data Retrieval: Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Fraudulent Activity: Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Security Interference: Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Reputation Harm: Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Information Misuse: Use any information obtained from the Services in order to harass, abuse, or harm another person.
Support Abuse: Make improper use of our support services or submit false reports of abuse or misconduct.
Legal Violations: Use the Services in a manner inconsistent with any applicable laws or regulations.
Unauthorized Linking: Engage in unauthorized framing of or linking to the Services.
Malicious Content: Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Automated Usage: Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Copyright Removal: Delete the copyright or other proprietary rights notice from any Content.
Impersonation: Attempt to impersonate another user or person or use the username of another user.
Spyware/Tracking: Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Service Disruption: Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Employee Harassment: Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Access Bypass: Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Code Copying: Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Reverse Engineering: Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Unauthorized Automation: Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Purchasing Agents: Use a buying agent or purchasing agent to make purchases on the Services.
Unauthorized Collection: Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Revenue Competition: Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Advertising Goods/Services: Use the Services to advertise or offer to sell goods and services.
Profile Transfer: Sell or otherwise transfer your profile.

Enforcement Notice:

Violation of these prohibited activities may result in immediate termination of your account and access to our Services, and may subject you to legal action. We reserve the right to investigate and prosecute violations of these terms to the fullest extent of the law.

7. USER GENERATED CONTRIBUTIONS

What are Contributions?

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Important Notice:

Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you represent and warrant that:

Intellectual Property Rights: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Ownership and Authorization: You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
Individual Consent: You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Accuracy: Your Contributions are not false, inaccurate, or misleading.
No Spam or Solicitation: Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Appropriate Content: Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
No Abuse: Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
No Harassment or Violence: Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Legal Compliance: Your Contributions do not violate any applicable law, regulation, or rule.
Privacy Rights: Your Contributions do not violate the privacy or publicity rights of any third party.
Child Protection: Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
No Discrimination: Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Terms Compliance: Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Violation Consequences:

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

License Grant

Comprehensive License:

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise.

This includes the right to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Ownership and Responsibility

Your Ownership Rights:

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

Your Responsibility:

You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Our Rights to Your Contributions

Moderation Rights:

We have the right, in our sole and absolute discretion, to:

Edit, redact, or otherwise change any Contributions
Re-categorize any Contributions to place them in more appropriate locations on the Services
Pre-screen or delete any Contributions at any time and for any reason, without notice

We have no obligation to monitor your Contributions.

8. CONTRIBUTION LICENSE

Automatic License Grant:

License Scope

This comprehensive license includes our right to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

Technology and Media Scope:

Moral Rights Waiver:

You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Ownership and Responsibility

Your Retained Ownership:

Disclaimer of Liability:

We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Our Content Management Rights

Discretionary Rights:

We have the right, in our sole and absolute discretion, to:

Edit, redact, or otherwise change any Contributions
Re-categorize any Contributions to place them in more appropriate locations on the Services
Pre-screen or delete any Contributions at any time and for any reason, without notice

We have no obligation to monitor your Contributions.

Important Legal Notice:

This license is comprehensive and irrevocable. By posting Contributions, you are granting us extensive rights to use, modify, and distribute your content worldwide across all media formats and platforms, both current and future. Please ensure you understand and agree to these terms before posting any content.

9. GUIDELINES FOR REVIEWS

Review Opportunity:

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

Review Requirements

Firsthand Experience: You should have firsthand experience with the person/entity being reviewed.
Language Standards: Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
Non-Discrimination: Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
Legal Content: Your reviews should not contain references to illegal activity.
No Conflict of Interest: You should not be affiliated with competitors if posting negative reviews.
No Legal Conclusions: You should not make any conclusions as to the legality of conduct.
Truthfulness: You may not post any false or misleading statements.
No Review Campaigns: You may not organize a campaign encouraging others to post reviews, whether positive or negative.

Our Review Management

Management Discretion:

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

Review Disclaimer:

Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

Review License Grant

License for Review Content:

By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Important Notice:

Violation of these review guidelines may result in removal of your review and potential suspension of your account. Please ensure your reviews are honest, respectful, and comply with all the criteria listed above.

10. MOBILE APPLICATION LICENSE

Use License

License Grant:

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

Prohibited Activities

You shall not:

Reverse Engineering: Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
Modifications: Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
Legal Compliance: Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
Proprietary Notices: Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
Commercial Use: Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Network Access: Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
Competitive Products: Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
Automated Queries: Use the App to send automated queries to any website or to send any unsolicited commercial email.
Intellectual Property: Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

App Distributor Terms:

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services:

Key Terms

1. Limited License:

The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.

2. Maintenance and Support:

We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law. Each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

3. Warranty and Refunds:

In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.

4. User Representations:

You represent and warrant that: (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties.

5. Third-Party Terms:

You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.

6. Third-Party Beneficiaries:

You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

Important Notice:

These mobile application license terms are in addition to, not in lieu of, all other terms and conditions contained in these Legal Terms. Violation of any of these mobile application license terms may result in immediate termination of your license to use the App and access to our Services.

12. SUBMISSIONS

Your Submissions and Contributions

Important Notice:

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions

Intellectual Property Assignment:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission.

You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions

What are Contributions?

Text and writings
Video and audio content
Photographs and graphics
Music and comments
Reviews and rating suggestions
Personal information or other material

Any Submission that is publicly posted shall also be treated as a Contribution.

Visibility Notice:

You understand that Contributions may be viewable by other users of the Services.

License Grant for Contributions

Comprehensive License Grant:

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos):

By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to:

Use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, and store
Publicly perform, publicly display, reformat, translate, and excerpt (in whole or in part)
Exploit your Contributions (including your image, name, and voice) for any purpose
Prepare derivative works of, or incorporate into other works, your Contributions
Sublicense the licenses granted in this section

Our use and distribution may occur in any media formats and through any media channels.

Included Rights:

Your Responsibilities

You are responsible for what you post or upload:

Your Warranties and Representations

1. Compliance with Prohibited Activities:

Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.

2. Moral Rights Waiver:

To the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution.

3. Ownership and Authority:

Warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions.

4. Non-Confidential Information:

Warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

Liability and Indemnification:

13. THIRD-PARTY WEBSITES AND CONTENT

Important Notice:

The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

No Investigation or Monitoring

Disclaimer of Responsibility:

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Risks and Liability

Use at Your Own Risk:

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.

No Liability:

You should be aware that when you leave our Services, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.

Third-Party Applications and Services

Integration Notice:

The Services may integrate with or contain links to third-party applications, services, or websites. These integrations are provided for your convenience and to enhance your experience with our Services.

Any purchases made through third-party websites or services are exclusively between you and the applicable third party. We do not warrant the products or services provided by third parties and will not be liable for any damages or losses related to them.

You agree to comply with the terms of use and privacy policies of any third-party services you access through our Services.

User Responsibility

Due Diligence Required:

Before engaging with any Third-Party Websites or Third-Party Content, you are responsible for:

Reviewing their terms of service and privacy policies
Verifying the security and legitimacy of the third-party service
Understanding any risks associated with sharing your information
Ensuring compliance with applicable laws and regulations

Security Considerations:

Third-party websites and services may have different security standards than our Services. We cannot guarantee the security of any information you provide to third parties, and you share such information at your own risk.

Intellectual Property

Third-Party Rights:

All Third-Party Content and Third-Party Websites are the property of their respective owners and are protected by intellectual property laws. We do not claim ownership of any Third-Party Content or Third-Party Websites. Your use of such content must comply with the rights and restrictions set forth by the respective third parties.

Removal and Modification

Our Rights:

We reserve the right to remove or modify any links to Third-Party Websites or Third-Party Content at any time without notice. We may also restrict or prohibit links to certain third-party services if we determine they are inappropriate or harmful.

We are not obligated to monitor third-party links but may do so at our discretion.

Limitation of Liability:

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, goods, or services available on or through any Third-Party Websites or Third-Party Content. Your interactions with third parties are at your own risk.

14. ADVERTISERS

Advertising on Our Services:

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

Our Role

Platform Provider Only:

We act solely as a platform for displaying third-party advertisements. Our role is limited to:

Providing advertising space within our Services
Displaying advertisements from third-party advertisers
Facilitating the technical delivery of advertisement content

No Endorsement:

The display of advertisements on our Services does not constitute an endorsement, recommendation, or approval of any advertiser, product, service, or offer. We do not verify the accuracy, completeness, or reliability of any advertisement content.

Advertiser Relationships

Independent Relationships:

Any business you conduct or transactions you enter into with advertisers found on or through our Services are solely between you and the advertiser. We are not a party to any such transactions and have no responsibility or liability related to them.

No Warranty or Guarantee:

We make no representations or warranties regarding:

The quality, safety, or legality of advertised products or services
The truthfulness or accuracy of advertising claims
The reliability or trustworthiness of advertisers
The fulfillment of any promises made in advertisements

User Responsibilities

Due Diligence:

Before engaging with any advertiser or purchasing any advertised product or service, you should:

Research the advertiser and their business practices
Read and understand the advertiser's terms of service and privacy policy
Verify the legitimacy of any offers or claims
Exercise caution when providing personal or payment information

Your Risk:

You acknowledge that any reliance on advertising content or any transactions with advertisers are undertaken at your own risk. We encourage you to use good judgment and exercise appropriate caution.

Advertisement Content

Content Standards:

While we reserve the right to review advertisement content, we do not guarantee that all advertisements comply with applicable laws or our content policies. Advertisers are solely responsible for ensuring their content is legal, accurate, and appropriate.

Removal Rights:

We reserve the right to remove, reject, or modify any advertisement at any time and for any reason, including if we determine that the content violates our policies, applicable laws, or community standards.

Data and Privacy

Advertiser Data Collection:

Some advertisements may contain tracking technologies or may collect information about your interaction with the advertisement. Such data collection is governed by the advertiser's privacy policy, not ours.

We recommend reviewing the privacy practices of any advertiser before interacting with their advertisements or providing any personal information.

Limitation of Liability:

Under no circumstances shall we be liable for any loss or damage resulting from your interactions with advertisers or your reliance on advertisement content. This includes, but is not limited to, financial losses, personal injury, or damage to property arising from advertised products or services.

15. SERVICES MANAGEMENT

Our Management Rights:

We reserve the right, but not the obligation, to manage and control our Services to ensure their proper functioning and to protect our rights, property, and users. These rights are exercised at our sole discretion.

Monitoring and Enforcement

1. Monitoring Services:

Monitor the Services for violations of these Legal Terms and applicable laws, regulations, and policies.

2. Legal Action:

Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.

Content Management

Content Control Rights:

In our sole discretion and without limitation, we may refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.

3. Content Restriction:

Refuse, restrict access to, limit the availability of, or disable any of your Contributions that we determine to be inappropriate, harmful, or in violation of our terms.

4. File Management:

Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without limitation, notice, or liability.

General Management Authority

Broad Management Rights:

Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

5. Service Operations:

Implement operational changes, security measures, and technical modifications necessary to maintain service quality, security, and legal compliance.

Discretionary Authority

Sole Discretion:

All management actions described in this section are exercised at our sole and absolute discretion. This means we have complete authority to:

Determine what constitutes a violation of these terms
Decide what actions to take in response to violations
Choose whether or not to exercise any of these rights
Apply these rights selectively and as we see fit

No Obligation:

While we have these rights, we have no obligation to monitor content, investigate violations, or take any specific action. Our decision not to exercise these rights in any particular instance does not waive our right to exercise them in the future.

User Impact

Potential Consequences:

Our exercise of these management rights may result in:

Temporary or permanent suspension of your account
Removal of your content or contributions
Restriction of access to certain features or services
Termination of your right to use the Services
Legal action or reporting to authorities

Notice and Liability:

We may exercise these rights without prior notice to you and without liability for any resulting inconvenience, loss, or damage.

You acknowledge that these management actions may be taken without warning and that you will not hold us responsible for any consequences of such actions.

Compliance and Best Practices

User Responsibility:

To avoid management actions against your account or content:

Comply with all terms and conditions outlined in these Legal Terms
Respect community guidelines and acceptable use policies
Avoid posting content that could be considered harmful or inappropriate
Keep your content within reasonable size and resource limitations
Report any issues or violations you encounter to our support team

Service Protection:

These management rights are essential for maintaining the security, integrity, and proper functioning of our Services. They help us protect our users, comply with legal requirements, and ensure a positive experience for our community.

16. PRIVACY POLICY

Our Commitment to Privacy:

We care about data privacy and security. Please review our Privacy Policy to understand how we collect, use, and protect your personal information when you use our Services.

Privacy Policy Reference

Complete Privacy Policy:

Our complete Privacy Policy is available at:

https://www.prendi.cv/privacy_policy

We encourage you to read our Privacy Policy carefully to understand our practices regarding your personal information.

Legal Integration:

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Your continued use of our Services constitutes acceptance of both these Terms of Service and our Privacy Policy.

Data Location and Transfer

Service Hosting:

Please be advised that the Services are hosted in Cabo Verde. All data processing and storage occurs in accordance with the laws and regulations of Cabo Verde.

International Data Transfers:

If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Cabo Verde, then through your continued use of the Services:

You are transferring your data to Cabo Verde
You expressly consent to have your data transferred to and processed in Cabo Verde
You acknowledge that Cabo Verde laws may differ from your local jurisdiction

Children's Privacy Protection

Protection of Minors:

We do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children's Online Privacy Protection Act (COPPA):

We do not knowingly collect personal information from children under 13 years of age
If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without requisite and verifiable parental consent
We will delete that information from the Services as quickly as is reasonably practical

Your Privacy Rights

Understanding Your Rights:

Depending on your location and applicable laws, you may have certain rights regarding your personal information:

Right to access your personal information
Right to correct or update your information
Right to request deletion of your information
Right to restrict processing of your information
Right to data portability
Right to object to certain processing activities

For detailed information about your rights and how to exercise them, please refer to our complete Privacy Policy.

Exercising Your Rights:

To exercise any of your privacy rights or if you have questions about our privacy practices, please contact us using the information provided in our Privacy Policy or in the "Contact Us" section of these Terms of Service.

Privacy Policy Updates

Policy Changes:

We may update our Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

We will notify you of any material changes by posting the updated Privacy Policy on our website. Your continued use of the Services after such changes constitutes your acceptance of the updated Privacy Policy.

Questions and Concerns:

If you have any questions, concerns, or complaints about our privacy practices or this Privacy Policy, please contact us. We are committed to addressing your privacy concerns promptly and effectively.

17. TERMINATION

Term Duration:

These Legal Terms shall remain in full force and effect while you use the Services. The terms continue to apply to your use of our Services until terminated by either you or us in accordance with the provisions outlined below.

Our Right to Terminate

Immediate Termination Rights:

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

This includes, without limitation, termination for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.

Account and Content Deletion:

WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Reasons for Termination

Common Termination Triggers:

While we may terminate access for any reason or no reason, common grounds for termination include:

Violation of these Terms of Service
Breach of community guidelines or acceptable use policies
Violation of applicable laws or regulations
Engaging in prohibited activities
Posting inappropriate or harmful content
Attempting to circumvent security measures
Creating multiple accounts after suspension
Misuse of our Services or systems

Post-Termination Restrictions

Account Recreation Prohibition:

If we terminate or suspend your account for any reason, you are prohibited from:

Registering and creating a new account under your name
Creating an account under a fake or borrowed name
Creating an account under the name of any third party, even if you may be acting on behalf of the third party
Attempting to circumvent the termination through any means

Legal Action Rights:

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Your Right to Terminate

Voluntary Termination:

You may terminate your use of our Services at any time by:

Discontinuing use of the Services
Deleting your account through your account settings (if applicable)
Contacting us to request account deletion
Following any other termination procedures we may provide

Effect of Termination

Immediate Cessation:

Upon termination of your access to the Services:

Your right to use the Services immediately ceases
You must discontinue all use of the Services
We may delete your account and all associated data
You lose access to any content or information stored in your account
All licenses granted to you under these Terms are revoked

Survival of Terms:

Certain provisions of these Terms will survive termination, including but not limited to: intellectual property rights, liability limitations, indemnification obligations, and dispute resolution procedures.

No Liability for Termination

Limitation of Liability:

We shall not be liable to you or any third party for any termination of your access to the Services, including but not limited to:

Loss of access to your account or data
Loss of any content or information you posted
Interruption of business or services
Lost profits or opportunities
Any other consequential damages

Important Notice:

We recommend that you regularly backup any important content or information you store through our Services. We are not responsible for preserving or providing access to your data following termination.

18. MODIFICATIONS AND INTERRUPTIONS

Service Modifications

Our Modification Rights:

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. This includes but is not limited to:

Features and functionality
User interface and design
Content and information
Terms and conditions
Pricing and service offerings
Technical specifications and requirements

No Update Obligation:

However, we have no obligation to update any information on our Services. We may choose to update, modify, or maintain our Services at our discretion, but we are not required to do so.

No Liability for Changes:

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, regardless of the impact such changes may have on your use of the Services.

Service Availability and Interruptions

No Guaranteed Availability:

We cannot guarantee the Services will be available at all times. Service availability may be affected by various factors beyond our control or due to necessary maintenance and improvements.

Potential Causes of Interruption:

We may experience service interruptions due to:

Hardware problems or failures
Software issues or bugs
Network connectivity problems
Scheduled or emergency maintenance
Security updates or patches
Third-party service dependencies
Natural disasters or force majeure events
Cyber attacks or security incidents

Our Operational Rights

Broad Modification Authority:

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. This includes:

Temporary suspension for maintenance
Permanent discontinuation of features
Complete shutdown of the Services
Migration to new platforms or systems
Changes to technical infrastructure

No Prior Notice Required:

While we may choose to provide advance notice of significant changes when possible, we are not obligated to do so. Changes may be implemented immediately and without warning, especially in cases involving security, legal compliance, or emergency situations.

User Acknowledgment and Liability

No Liability for Downtime:

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

This includes but is not limited to:

Lost business opportunities
Financial losses or damages
Data loss or corruption
Missed deadlines or appointments
Inconvenience or frustration
Third-party claims or demands

User Responsibility:

You acknowledge and accept that:

Service interruptions may occur without warning
You should not rely solely on our Services for critical operations
You should maintain appropriate backups and alternative solutions
You use the Services at your own risk

Support and Maintenance

No Support Obligation:

Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. We provide support and maintenance at our sole discretion.

Voluntary Improvements:

While we strive to improve our Services and may provide updates, bug fixes, and new features, we do so voluntarily and without any contractual obligation to users.

Best Practices for Users

Recommended Precautions:

To minimize the impact of service modifications or interruptions:

Regularly backup any important data or content
Stay informed about service updates through our official channels
Have contingency plans for critical operations
Don't rely solely on our Services for time-sensitive activities
Contact our support team if you experience persistent issues

Service Evolution:

Our Services are continuously evolving to better serve our users and adapt to changing technology and market conditions. While we aim to minimize disruptions, some changes may be necessary to maintain security, performance, and legal compliance.

19. GOVERNING LAW

Applicable Law:

These Legal Terms shall be governed by and defined following the laws of Cabo Verde. All legal interpretations, rights, obligations, and remedies under these Terms shall be determined in accordance with Cape Verdean law.

Jurisdiction and Court Authority

Exclusive Jurisdiction:

LINKMUP, SOCIEDADE UNIPESSOAL LDA and yourself irrevocably consent that the courts ofCabo Verde shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

This means that any legal proceedings related to these Terms must be brought in Cape Verdean courts.

Irrevocable Consent:

By agreeing to these Terms, you irrevocably consent to the jurisdiction of Cape Verdean courts. This consent cannot be withdrawn and remains in effect for the duration of these Terms and any disputes arising from them.

Legal Framework

Cape Verdean Legal System:

Cabo Verde follows a civil law system based on Portuguese legal traditions. Key aspects include:

Civil and commercial codes governing contractual relationships
Consumer protection laws
Data protection and privacy regulations
Intellectual property laws
Electronic commerce regulations

Legal Interpretation:

Any ambiguities or uncertainties in these Terms shall be interpreted according to Cape Verdean law and legal principles. Cape Verdean courts will apply local legal standards and precedents when resolving disputes.

International Users

Cross-Border Implications:

If you are located outside of Cabo Verde, by using our Services you acknowledge that:

Cape Verdean law will govern your relationship with us
Any legal disputes must be resolved in Cape Verdean courts
You may need to travel to Cabo Verde for legal proceedings
Local laws in your jurisdiction do not override these Terms
You waive any rights to bring claims in your local jurisdiction

Conflicting Laws:

In cases where your local laws conflict with Cape Verdean law or these Terms, Cape Verdean law shall prevail for all matters related to your use of our Services and any disputes arising therefrom.

Enforcement and Remedies

Legal Remedies:

Under Cape Verdean law, available legal remedies may include:

Monetary damages and compensation
Injunctive relief and specific performance
Declaratory judgments
Attorney's fees and court costs (as permitted by law)
Other remedies deemed appropriate by Cape Verdean courts

Enforcement Across Borders:

While Cape Verdean courts have exclusive jurisdiction, enforcement of judgments in other countries may be subject to local enforcement procedures and international treaties. We reserve the right to seek enforcement of Cape Verdean judgments in other jurisdictions where you have assets.

Waiver of Rights

Jurisdictional Waiver:

By agreeing to these Terms, you explicitly waive:

Any objection to the jurisdiction of Cape Verdean courts
Any claim that Cape Verde is an inconvenient forum
Any right to demand that legal proceedings be conducted in your home jurisdiction
Any immunity from jurisdiction that you might otherwise possess

Language and Translation

Official Language:

In the event of any legal proceedings, Portuguese shall be considered the official language of these Terms. Any translations provided are for convenience only, and the Portuguese version shall prevail in case of discrepancies.

Legal Advice Recommendation:

If you have questions about how Cape Verdean law applies to your situation or concerns about the jurisdictional provisions in these Terms, we recommend consulting with a qualified legal professional familiar with Cape Verdean law and international jurisdiction issues.

20. DISPUTE RESOLUTION

Overview:

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, we have established a structured dispute resolution process that prioritizes informal negotiation before formal proceedings.

Informal Negotiations

First Step - Mandatory Negotiation:

To expedite resolution and control costs, both parties (you and us) agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at leastthirty (30) days before initiating arbitration.

Such informal negotiations commence upon written notice from one Party to the other Party.

Good Faith Requirement:

During the 30-day informal negotiation period, both parties commit to:

Engage in good faith discussions to resolve the dispute
Provide relevant information necessary for resolution
Consider reasonable settlement proposals
Maintain confidentiality of negotiation discussions

Binding Arbitration

Arbitration Authority:

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg.

Arbitration Details

Seat of Arbitration:

The seat of arbitration shall be Lisbon, Portugal.

Language of Proceedings:

The language of the proceedings shall be Portuguese.

Applicable Law:

Applicable rules of substantive law shall be the law of Portugal.

Rules and Procedures:

The arbitration will follow the rules that are in force at the time the application for arbitration is filed. Adoption of this clause constitutes acceptance of these rules.

Restrictions on Arbitration

Individual Dispute Resolution Only:

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

(a) No arbitration shall be joined with any other proceeding
(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
(c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions to Informal Negotiations and Arbitration

Excluded Disputes:

The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

(a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
(b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
(c) Any claim for injunctive relief

Court Resolution for Excluded Disputes:

If any provision regarding arbitration is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

Arbitration Process and Timeline

Process Overview:

The arbitration process typically follows these steps:

Filing of arbitration application with the European Court of Arbitration
Selection of arbitrator according to the court's rules
Preliminary conference to establish procedures and timeline
Exchange of written submissions and evidence
Oral hearing (if deemed necessary by the arbitrator)
Arbitrator's final award

Binding Nature:

The arbitrator's decision will be final and binding on both parties. The award may be enforced in any court of competent jurisdiction.

Costs and Fees

Arbitration Costs:

Costs associated with arbitration may include:

Filing fees with the European Court of Arbitration
Arbitrator's fees and expenses
Administrative costs of the arbitration center
Each party's legal representation costs
Translation costs (if required)

The allocation of these costs will be determined by the arbitrator in accordance with applicable rules.

Important Notice:

By agreeing to these Terms, you acknowledge that you have read and understood this dispute resolution process and agree to be bound by its provisions. If you have questions about this process, we recommend consulting with legal counsel familiar with international arbitration procedures.

21. CORRECTIONS

Information Accuracy Notice:

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We strive to maintain accurate information but cannot guarantee complete accuracy at all times.

Types of Potential Errors

Common Error Categories:

Information that may contain errors includes, but is not limited to:

Typographical errors: Spelling mistakes, grammatical errors, or formatting issues
Descriptions: Product, service, or feature descriptions that may be incomplete or inaccurate
Pricing information: Incorrect prices, fees, or cost calculations
Availability: Outdated information about service or feature availability
Technical specifications: System requirements, capabilities, or limitations
Contact information: Phone numbers, addresses, or email addresses
Dates and times: Event schedules, deadlines, or time-sensitive information
Links and references: Broken or outdated links to external resources

Our Correction Rights

Right to Correct:

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

This includes the right to make corrections to all types of content and information available through our Services.

No Prior Notice Required:

Corrections may be made immediately upon discovery of errors, without providing advance notice to users. While we may choose to announce significant corrections, we are not obligated to do so.

User Responsibilities

Verification Recommendation:

We recommend that users:

Independently verify important information before relying on it
Contact us directly if you notice significant errors or inconsistencies
Check for updates to information that may be time-sensitive
Use multiple sources when making important decisions based on our content
Review terms and conditions regularly for any corrections or updates

Reporting Errors:

If you notice errors, inaccuracies, or omissions in our Services, we encourage you to report them to us. While we appreciate user feedback, we are not obligated to make corrections based on user reports, and we reserve the right to determine which corrections to implement.

Correction Process

Internal Review:

Our correction process may include:

Regular content audits and quality control checks
Investigation of reported errors
Verification of information accuracy
Implementation of necessary corrections
Documentation of changes made

Prioritization:

We may prioritize corrections based on factors such as the significance of the error, potential impact on users, legal or regulatory requirements, and available resources.

Limitations and Disclaimers

No Liability for Errors:

While we strive to maintain accurate information, we are not liable for:

Decisions made based on incorrect information
Financial losses resulting from errors or omissions
Missed opportunities due to outdated information
Inconvenience caused by inaccurate content
Third-party claims arising from information errors

Best Effort Basis:

Information corrections are made on a best effort basis. We cannot guarantee that all information will be error-free at all times, nor can we guarantee the immediate correction of all reported errors.

Dynamic Content

Frequently Updated Information:

Some information on our Services may be updated frequently, including:

Real-time data and statistics
User-generated content
Third-party integrations and feeds
Market pricing and availability
News and announcements

Such information may be subject to more frequent changes and potential inaccuracies due to its dynamic nature.

User Acknowledgment:

By using our Services, you acknowledge that information may contain errors and that we have the right to make corrections at any time without notice. You agree to use the information at your own risk and to verify important details independently when necessary.

22. DISCLAIMER

Important Legal Notice:

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

Warranty Disclaimers

Complete Warranty Disclaimer:

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION:

THE IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT

Content Accuracy Disclaimer:

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES.

Specific Liability Disclaimers

No Liability for Specific Issues:

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES

Third-Party Disclaimers

Third-Party Products and Services:

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.

No Transaction Monitoring:

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

User Responsibility

Exercise Caution:

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

User Due Diligence:

You acknowledge that it is your responsibility to:

Evaluate the accuracy and reliability of any information obtained through the Services
Verify the credentials and trustworthiness of third-party service providers
Review terms and conditions of any third-party services before engaging with them
Take appropriate security measures when sharing personal or financial information
Make informed decisions based on your own research and judgment
Understand the risks associated with online transactions and interactions

Technical and Security Disclaimers

Service Availability:

We make no guarantees regarding:

Continuous availability of the Services
Uninterrupted access to our platforms
Error-free operation of all features
Compatibility with all devices or browsers
Protection against all security threats
Data backup or recovery capabilities

Performance Disclaimer:

The performance and effectiveness of our Services may vary depending on factors beyond our control, including but not limited to internet connectivity, device capabilities, user behavior, and external service dependencies.

Legal Scope

Maximum Legal Protection:

These disclaimers apply to the fullest extent permitted by applicable law. In jurisdictions where certain warranties cannot be disclaimed, our liability will be limited to the minimum extent permitted by law.

If any part of this disclaimer is found to be unenforceable, the remaining portions shall remain in full force and effect.

Final Warning:

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE DISCLAIMERS. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES AND WAIVE ANY CLAIMS AGAINST US FOR DAMAGES THAT MAY ARISE FROM SUCH USE.

23. LIMITATIONS OF LIABILITY

Comprehensive Liability Limitation:

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Types of Excluded Damages

Specific Damage Categories We Are Not Liable For:

DIRECT DAMAGES: Immediate losses directly caused by our Services
INDIRECT DAMAGES: Secondary losses not directly caused but resulting from our Services
CONSEQUENTIAL DAMAGES: Losses that occur as a consequence of other damages
EXEMPLARY DAMAGES: Damages intended to punish or deter
INCIDENTAL DAMAGES: Minor damages that occur alongside major damages
SPECIAL DAMAGES: Unique damages specific to your circumstances
PUNITIVE DAMAGES: Damages intended to punish wrongdoing

Specific Loss Categories:

We are specifically not liable for:

Lost Profit: Any profits you might have earned but did not due to service issues
Lost Revenue: Any income or revenue losses
Loss of Data: Any data corruption, loss, or unavailability
Business Interruption: Losses from inability to conduct business
Opportunity Costs: Missed opportunities or business chances
Reputation Damage: Harm to your business or personal reputation
Third-Party Claims: Claims made against you by third parties

Maximum Liability Cap

Liability Cap:

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF:

THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
$100.00 USD

Practical Examples:

This liability cap means:

If you paid us $50 in the past 12 months, our maximum liability is $50
If you paid us $200 in the past 12 months, our maximum liability is $100
If you paid us nothing in the past 12 months, our maximum liability is $100
If you are a free user, our maximum liability is $100

In no case will our liability exceed $100 USD, regardless of the amount you paid or the severity of any damages you claim to have suffered.

Scope of Limitation

Covered Parties:

These liability limitations apply to:

Our Company: LINKMUP, SOCIEDADE UNIPESSOAL LDA
Directors: All board members and company directors
Employees: All staff members and personnel
Agents: All representatives acting on our behalf
Contractors: Third-party service providers working with us
Affiliates: Related companies and business partners

Regardless of Legal Theory:

These limitations apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, warranty, or any other legal theory, even if we have been advised of the possibility of such damages.

Knowledge of Potential Damages

Even With Prior Notice:

These liability limitations apply EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means that even if you specifically warn us about potential damages that could occur, we are still not liable beyond the limits set forth in this section.

Legal Variations by Jurisdiction

Jurisdictional Limitations:

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Consumer Protection Laws:

Some jurisdictions have consumer protection laws that may:

Prohibit certain liability limitations
Require minimum warranty protections
Mandate specific consumer rights
Override contractual disclaimer provisions

In such cases, our liability will be limited to the minimum extent permitted by applicable law.

Practical Impact

What This Means for You:

These limitations mean that:

You cannot recover large damage awards from us
You should maintain appropriate insurance for your business operations
You should have backup plans for critical business functions
You should not rely solely on our Services for mission-critical operations
You accept the financial risk of using our Services

Risk Management:

We recommend that users implement appropriate risk management strategies, including insurance coverage, data backups, and business continuity plans, to protect against potential losses that may arise from the use of our Services.

Final Notice:

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE LIABILITY LIMITATIONS. YOU AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE NATURE OF OUR SERVICES AND THE FEES (IF ANY) THAT YOU PAY FOR ACCESS TO THEM.

24. INDEMNIFICATION

User Indemnification Obligation:

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party.

Covered Parties

Protected Entities:

Your indemnification obligations extend to protect:

LINKMUP, SOCIEDADE UNIPESSOAL LDA (our company)
Subsidiaries: All subsidiary companies and business units
Affiliates: Related companies and business partners
Officers: Executive leadership and company officers
Agents: Representatives and authorized agents
Partners: Business partners and strategic collaborators
Employees: All staff members and personnel

Scenarios Requiring Indemnification

Six Categories of Indemnifiable Events:

You must indemnify us for claims arising from:

(1) Your Contributions

Any content, materials, or information you submit, post, or share through our Services

(2) Use of the Services

Your access to and use of our platforms, features, and functionalities

(3) Breach of These Legal Terms

Any violation of the terms and conditions outlined in this agreement

(4) Breach of Your Representations and Warranties

Violation of any promises, guarantees, or assurances you have made in these terms

(5) Violation of Third-Party Rights

Including but not limited to intellectual property rights, privacy rights, or other legal rights

(6) Harmful Acts Toward Other Users

Any overt harmful act toward other users you connected with via our Services

Types of Covered Costs and Damages

Financial Obligations Include:

Loss: Any financial losses incurred by the covered parties
Damage: Physical, financial, or reputational damage
Liability: Legal liability arising from third-party claims
Claim: Any legal claim or demand made against the covered parties
Demand: Any formal or informal demand for compensation
Reasonable attorneys' fees: Legal costs and professional fees
Expenses: All related costs and expenses incurred in defense

Our Defense Rights

Exclusive Defense and Control:

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

This means that we may choose to take over the legal defense of any claim, even though you are responsible for the costs.

Your Cooperation Requirement:

You agree to cooperate, at your expense, with our defense of such claims.

Cooperation may include:

Providing documents and information relevant to the defense
Making yourself available for depositions or testimony
Assisting with discovery processes
Participating in settlement negotiations if requested
Following our instructions regarding the defense strategy

Notification Process

Reasonable Notice:

We will use reasonable efforts to notify you of any claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Note: "Reasonable efforts" means we will attempt to notify you promptly, but delays in notification do not release you from your indemnification obligations.

Practical Examples

Common Indemnification Scenarios:

Examples of when you would need to indemnify us:

You post copyrighted content without permission, and the copyright owner sues us
You use our Services to harass another user, who then files a lawsuit
You violate our prohibited activities rules, resulting in legal action against us
You make false representations that lead to third-party claims against us
You use our Services for illegal activities that result in regulatory action
Your content defames someone, and they sue us for hosting it

Scope and Limitations

Third-Party Claims Only:

This indemnification applies specifically to claims made by third parties (not claims between you and us directly). It covers situations where outside parties sue or make claims against us based on your actions or content.

Ongoing Obligation:

Your indemnification obligations survive termination of your use of our Services and continue indefinitely for actions taken while you were a user of our Services.

Important Notice:

BY USING OUR SERVICES, YOU AGREE TO THESE INDEMNIFICATION TERMS. THIS IS A SIGNIFICANT FINANCIAL OBLIGATION THAT COULD RESULT IN SUBSTANTIAL COSTS TO YOU. PLEASE ENSURE YOU UNDERSTAND THESE OBLIGATIONS AND USE OUR SERVICES RESPONSIBLY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS AND TERMS.

25. USER DATA

Data Management Overview:

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

Types of Data We Maintain

Data Categories:

We maintain the following types of data:

Transmitted Data: Information and content you send to our Services
Usage Data: Data relating to your use of the Services
Performance Data: Information needed to manage service performance
Account Data: Information associated with your user account
Activity Data: Records of your activities and interactions
Technical Data: System logs and technical performance metrics

Purpose of Data Maintenance:

We maintain your data for the following purposes:

Managing and optimizing service performance
Ensuring proper functionality of our platforms
Providing customer support and assistance
Maintaining service continuity and reliability
Analyzing usage patterns for service improvements
Complying with legal and regulatory requirements

Backup Policies

Regular Routine Backups:

Although we perform regular routine backups of data, these backups are primarily for our operational purposes and business continuity.

Important: Our backup procedures do not guarantee data recovery or create any obligation to maintain backups for user benefit.

Backup Limitations:

Understanding about our backups:

Backups are performed for system integrity and business operations
Backup frequency and retention periods are determined by our operational needs
Backups may not capture all data or recent changes
We do not guarantee the availability or restoration of backup data
Backup restoration is at our sole discretion
Users should not rely on our backups for their data protection needs

User Data Responsibilities

Sole User Responsibility:

You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

This comprehensive responsibility includes all aspects of your data management and protection.

Specific User Obligations:

Your data responsibilities include:

Data Accuracy: Ensuring all transmitted data is accurate and complete
Backup Creation: Maintaining your own independent backups of important data
Data Security: Protecting your data during transmission and storage
Content Management: Managing and organizing your content and files
Regular Monitoring: Regularly checking the integrity of your data
Compliance: Ensuring your data complies with applicable laws and regulations
Recovery Planning: Having contingency plans for data loss scenarios

Company Liability Limitations

No Liability for Data Loss:

You agree that we shall have no liability to you for any loss or corruption of any such data.

This means we are not responsible for any data loss, corruption, or damage that may occur.

Waiver of Rights:

You hereby waive any right of action against us arising from any such loss or corruption of such data.

By using our Services, you give up any legal claims against us related to data issues.

Potential Data Risks

Types of Data Loss or Corruption:

Data risks may include:

Technical Failures: Hardware malfunctions, software bugs, or system crashes
Network Issues: Connectivity problems during data transmission
Server Problems: Database corruption or server maintenance issues
Security Incidents: Unauthorized access or cyber attacks
Human Error: Accidental deletion or modification of data
Force Majeure: Natural disasters or other uncontrollable events
Service Interruptions: Planned or unplanned service downtime

Recommended Data Protection Practices

User Data Protection Recommendations:

We strongly recommend that you:

Maintain regular, independent backups of all important data
Store backup copies in multiple locations (local and cloud storage)
Test your backup and recovery procedures regularly
Keep copies of important data in formats compatible with other systems
Document your data organization and file structures
Use version control for important documents and files
Consider professional data protection and backup services
Regularly export or download important data from our Services

Business Continuity Planning:

For business users, we recommend developing comprehensive data management and business continuity plans that do not rely solely on any single service provider, including us. This includes having alternative systems and processes in place to continue operations in case of data loss or service interruption.

Data Retention and Deletion

Data Retention Policies:

Important information about data retention:

We may retain your data for as long as necessary for service operation
Retention periods may vary based on data type and business requirements
We may delete data at our discretion after account termination
Legal and regulatory requirements may affect retention periods
We are not obligated to maintain data indefinitely

Account Termination:

Upon account termination or service discontinuation, we may delete your data without notice. It is your responsibility to export or backup any data you wish to retain before terminating your account or ceasing to use our Services.

Critical Notice:

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR DATA. WE STRONGLY RECOMMEND MAINTAINING YOUR OWN BACKUPS AND DATA PROTECTION MEASURES. DO NOT RELY ON OUR SERVICES AS YOUR ONLY DATA STORAGE OR BACKUP SOLUTION.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic Communications Definition:

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. By engaging with our Services in any of these ways, you are participating in electronic communications.

Consent to Electronic Communications

Your Consent:

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

Types of Electronic Communications:

Electronic communications include:

Website Interactions: Visiting and using our Services
Email Communications: All email correspondence with us
Online Forms: Completing and submitting forms through our Services
Digital Notifications: In-app notifications and alerts
Account Messages: Messages sent through your account dashboard
Service Updates: Updates and announcements delivered electronically
Legal Documents: Terms, policies, and agreements provided electronically

Electronic Signatures and Records

Electronic Signature Agreement:

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

Electronic Records Include:

You agree to electronic handling of:

Electronic Signatures: Digital signatures on agreements and documents
Electronic Contracts: Legally binding agreements in electronic format
Electronic Orders: Purchase orders and service requests
Transaction Records: Records of all transactions and payments
Electronic Notices: Legal notices and important communications
Policy Documents: Terms of service, privacy policies, and other legal documents
Account Records: Account statements and activity records

Legal Equivalence

Writing Requirement Satisfaction:

Electronic communications satisfy any legal requirement that such communication be in writing. This means that electronic documents have the same legal force and effect as paper documents.

Legal Effect: Electronic communications, signatures, and records are legally equivalent to traditional paper-based communications and signatures.

Regulatory Compliance:

Our electronic communications and signature processes comply with applicable electronic signature laws, including the Electronic Signatures in Global and National Commerce (ESIGN) Act and the Uniform Electronic Transactions Act (UETA) where applicable.

Waiver of Traditional Requirements

Comprehensive Waiver:

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Specific Waivers Include:

By using our Services, you waive requirements for:

Original Signatures: Physical, handwritten signatures on documents
Paper Records: Physical delivery or retention of paper documents
Non-electronic Delivery: Postal mail or in-person delivery of documents
Physical Storage: Requirement to maintain paper copies of records
Traditional Payment Methods: Paper checks or cash payments
Physical Credit Processing: Non-electronic methods of granting credits or refunds
Notarization: Traditional notarization requirements where electronic alternatives are available

Electronic Transaction Processing

Transaction Methods:

Electronic transactions include:

Online Payments: Credit card, debit card, and digital payment processing
Electronic Transfers: Bank transfers and ACH transactions
Digital Wallets: PayPal, Apple Pay, Google Pay, and similar services
Cryptocurrency: Bitcoin and other digital currency payments (if supported)
Subscription Billing: Automated recurring payment processing
Refund Processing: Electronic refunds and credit processing

Transaction Records:

All transaction records will be maintained electronically and made available to you through electronic means. You agree that electronic transaction records constitute sufficient proof of transactions and are legally binding.

Communication Delivery Methods

Electronic Delivery Channels:

We may deliver communications through:

Email: Direct email to your registered email address
In-Service Notifications: Notifications within our Services
Account Dashboard: Messages posted to your account area
Website Announcements: Public announcements on our website
Mobile Notifications: Push notifications to mobile devices
SMS/Text Messages: Text messages to registered phone numbers (if applicable)
Electronic Bulletins: Digital newsletters and updates

Delivery Responsibility:

It is your responsibility to maintain current and accurate contact information, including email addresses and phone numbers, to ensure you receive important electronic communications. We are not responsible for failed delivery due to outdated or incorrect contact information.

Record Retention and Access

Electronic Record Access:

You can access electronic records through:

Your account dashboard and settings
Email archives and saved messages
Download capabilities for important documents
Transaction history and statements
Customer support requests for record retrieval

Record Preservation:

We recommend that you maintain your own copies of important electronic records and communications. While we maintain electronic records, you should save or print important documents for your own records and future reference.

Technical Requirements

System Requirements for Electronic Communications:

To receive and access electronic communications, you need:

A device with internet access (computer, tablet, or smartphone)
A current web browser with JavaScript enabled
A valid email address and the ability to receive emails
Software capable of reading PDF documents (for certain records)
Adequate storage space for downloaded records and documents

Consent Acknowledgment:

BY USING OUR SERVICES, YOU CONFIRM THAT YOU HAVE THE NECESSARY TECHNOLOGY TO RECEIVE ELECTRONIC COMMUNICATIONS AND THAT YOU CONSENT TO RECEIVING ALL COMMUNICATIONS, AGREEMENTS, DOCUMENTS, RECEIPTS, AND NOTICES ELECTRONICALLY. YOU ACKNOWLEDGE THAT ELECTRONIC SIGNATURES AND RECORDS HAVE THE SAME LEGAL EFFECT AS TRADITIONAL PAPER-BASED SIGNATURES AND RECORDS.

27. CALIFORNIA USERS AND RESIDENTS

California Consumer Protection Notice:

This section provides specific information for users and residents of the State of California regarding their rights and available complaint resolution procedures under California consumer protection laws.

Complaint Resolution Process

Initial Resolution Attempt:

We encourage you to first attempt to resolve any complaints or concerns directly with us through our standard customer support channels. Most issues can be resolved quickly and satisfactorily through direct communication with our support team.

California Department of Consumer Affairs:

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

California Department of Consumer Affairs Contact Information

Written Complaints:

Mailing Address:

Complaint Assistance Unit

Division of Consumer Services

California Department of Consumer Affairs

1625 North Market Blvd., Suite N 112

Sacramento, California 95834

Phone Contact:

You can contact the department by telephone at:

Toll-Free: (800) 952-5210

Local: (916) 445-1254

Note: Phone hours may vary. Check the department's website for current operating hours.

California Consumer Rights

Your Rights as a California Consumer:

Under California law, you have specific consumer protection rights including:

The right to seek assistance from state consumer protection agencies
Access to complaint resolution processes
Protection under California's consumer protection statutes
The right to pursue legal remedies under state law
Protection against unfair business practices
Right to accurate advertising and disclosure

California Privacy Rights:

California residents also have specific privacy rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for detailed information about your privacy rights and how to exercise them.

Filing a Complaint

When to File a Complaint:

Consider filing a complaint with the California Department of Consumer Affairs if:

You have attempted to resolve the issue directly with us without success
You believe we have engaged in unfair or deceptive business practices
You have concerns about billing, refunds, or service delivery
You believe your consumer rights have been violated
You need assistance with dispute resolution

Information to Include in Your Complaint:

When filing a complaint, include:

Your contact information and California residency details
Our company information (LINKMUP, SOCIEDADE UNIPESSOAL LDA, doing business as Prendi)
Detailed description of the problem or dispute
Timeline of events and communication attempts
Copies of relevant documents, emails, or receipts
Specific resolution you are seeking
Any supporting evidence or documentation

Alternative Dispute Resolution

Additional Options:

California residents may also have access to:

Small claims court for monetary disputes within jurisdictional limits
Mediation services for dispute resolution
Legal aid societies for assistance with legal matters
Attorney General's office for consumer protection issues
Better Business Bureau complaint processes

Our Commitment to California Consumers

Good Faith Resolution:

We are committed to resolving consumer complaints in good faith and in compliance with California consumer protection laws. We strive to provide fair and transparent business practices for all our users, including California residents.

Compliance with California Law:

Our services and business practices are designed to comply with applicable California consumer protection statutes and regulations. We regularly review our practices to ensure ongoing compliance with state requirements.

Important Disclaimers

No Legal Advice:

This section provides general information about complaint procedures and does not constitute legal advice. For specific legal questions, please consult with a qualified attorney familiar with California consumer protection law.

Contact Information Accuracy:

The contact information provided for the California Department of Consumer Affairs is current as of the last update of these terms. Contact information may change over time. Please verify current contact details on the department's official website before filing a complaint.

California Resident Notice:

IF YOU ARE A CALIFORNIA RESIDENT AND HAVE AN UNRESOLVED COMPLAINT REGARDING OUR SERVICES, PLEASE FIRST CONTACT OUR CUSTOMER SUPPORT. IF YOUR COMPLAINT REMAINS UNRESOLVED, YOU HAVE THE RIGHT TO CONTACT THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS USING THE CONTACT INFORMATION PROVIDED ABOVE. THIS NOTICE IS PROVIDED IN COMPLIANCE WITH CALIFORNIA CONSUMER PROTECTION REQUIREMENTS.

28. MISCELLANEOUS

General Provisions Notice:

This section contains important general provisions that govern the interpretation, enforcement, and overall application of these Legal Terms. These provisions help clarify the relationship between the parties and establish key legal principles.

Entire Agreement

Complete Agreement:

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

This means that these terms, along with our posted policies, represent the complete and final agreement between us.

Supersedes Previous Agreements:

This agreement supersedes and replaces:

Any previous agreements or understandings between the parties
Any prior versions of these terms
Any oral agreements or representations
Any written communications that are not part of these terms
Any informal arrangements or expectations

Non-Waiver Provisions

No Waiver by Non-Enforcement:

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

This means that if we don't immediately enforce a term or exercise a right, we don't lose the ability to do so later.

Examples of Non-Waiver:

Examples where non-enforcement doesn't constitute a waiver:

Allowing a temporary violation without immediate action
Not immediately terminating accounts for minor violations
Providing warnings instead of immediate enforcement
Being lenient in specific circumstances
Delayed response to terms violations
Partial enforcement of certain provisions

Legal Scope and Application

Maximum Legal Effect:

These Legal Terms operate to the fullest extent permissible by law.

This means our terms will be enforced to the maximum extent allowed by applicable laws and regulations, while remaining compliant with legal requirements and consumer protection laws.

Assignment Rights

Our Assignment Rights:

We may assign any or all of our rights and obligations to others at any time.

This gives us the flexibility to transfer our business, merge with other companies, or assign specific rights to third parties as needed.

Assignment Scenarios:

Assignment may occur in situations such as:

Business mergers or acquisitions
Sale of the company or its assets
Corporate restructuring or reorganization
Transfer to subsidiary or affiliate companies
Outsourcing of specific services or operations
Strategic partnerships or joint ventures
Assignment to debt collection agencies (for payment obligations)

User Assignment Restrictions:

While we retain broad assignment rights, users typically cannot assign their rights or obligations under these terms without our express written consent. Your account and rights are generally non-transferable.

Force Majeure

Limitation of Liability for Uncontrollable Events:

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

This protects us from liability when events outside our control prevent us from fulfilling our obligations.

Examples of Uncontrollable Events:

Events beyond our reasonable control include:

Natural disasters: Earthquakes, floods, hurricanes, fires, etc.
Government actions: New regulations, court orders, sanctions, etc.
Infrastructure failures: Internet outages, power grid failures, etc.
Cyber attacks: DDoS attacks, hacking attempts, security breaches
Pandemics: Health emergencies affecting business operations
Labor disputes: Strikes affecting critical service providers
Third-party failures: Critical vendor or partner service interruptions
War or terrorism: Military conflicts or terrorist activities

Severability

Partial Invalidity Protection:

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

Practical Application:

This severability clause means:

If one section is found invalid, the rest of the terms remain in effect
Courts can remove problematic provisions while keeping the agreement intact
Invalid provisions don't void the entire agreement
The remaining terms continue to govern the relationship between parties
We can modify invalid provisions to make them enforceable if possible

Relationship Definition

No Special Relationship Created:

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

This clarifies that we maintain separate, independent business relationships.

Relationship Clarifications:

Specifically, these terms do not create:

Joint Venture: No shared business enterprise with joint profits and losses
Partnership: No legal partnership with shared business responsibilities
Employment: No employer-employee relationship or worker classification
Agency: No authority to act on behalf of the other party
Fiduciary duties: No special trust or confidence obligations beyond these terms
Exclusive dealing: No exclusivity requirements unless specifically stated

Construction and Interpretation

Drafting Party Protection:

You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

This waives the legal principle that ambiguous contract terms should be interpreted against the party who drafted them.

Fair Interpretation Principle:

Instead of construing terms against the drafter, any ambiguities should be resolved by looking at the plain meaning of the language, the overall purpose of the provision, and applicable law, rather than automatically favoring one party.

Electronic Form Waiver

Electronic Agreement Waiver:

You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

This confirms that electronic acceptance is legally binding and equivalent to physical signatures.

Waived Defenses Include:

You cannot claim these terms are invalid due to:

Electronic format instead of paper documents
Lack of physical, handwritten signatures
Digital acceptance instead of in-person signing
Absence of notarization or witnesses
Electronic delivery rather than postal delivery
Online agreement process instead of traditional contract execution

Additional General Provisions

Headings and References:

Section headings are for convenience only and do not limit or affect the interpretation of these terms. References to "including" or similar terms are illustrative and not limiting unless specifically stated.

Modification Requirements:

These miscellaneous provisions, like all other terms, can only be modified through our standard terms update process. No oral modifications or informal agreements can change these provisions.

General Provisions Summary:

THESE MISCELLANEOUS PROVISIONS ESTABLISH IMPORTANT LEGAL PRINCIPLES GOVERNING OUR RELATIONSHIP. THEY CLARIFY HOW THESE TERMS SHOULD BE INTERPRETED, WHAT HAPPENS IF PARTS ARE INVALID, OUR ASSIGNMENT RIGHTS, AND YOUR WAIVERS OF CERTAIN LEGAL DEFENSES. BY USING OUR SERVICES, YOU AGREE TO ALL OF THESE GENERAL PROVISIONS.

29. CONTACT US

How to Reach Us:

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us using the information provided below.

Contact Methods

📧 Email Support:

marcelo@linkmup.com

Recommended for: General inquiries, support requests, complaint resolution, and terms of service questions

Response time: We aim to respond to all emails within 1-2 business days

📞 Phone Support:

+238 956 1414

Country: Cabo Verde (Cape Verde)

Note: International calling rates may apply depending on your location and phone plan

Business hours: Please check our website for current phone support hours

Mailing Address

🏢 Physical Address:

LINKMUP, SOCIEDADE UNIPESSOAL LDA

Rua Ilha Do Maio, 1ª Andar

Nossa Senhora Da Graça, Palmarejo

Praia, Santiago

Cabo Verde

For: Formal written correspondence, legal notices, and official communications

What to Include in Your Contact

For Faster Resolution, Include:

Your full name and email address associated with your account
Account username or user ID (if applicable)
Detailed description of your issue or question
Steps you've already taken to resolve the issue
Screenshots or error messages (for technical issues)
Date and time when the issue occurred
Browser type and device information (for technical problems)

For Legal or Compliance Matters:

Clearly mark your communication as "LEGAL NOTICE" or "COMPLIANCE MATTER"
Reference specific sections of these Terms of Service if applicable
Include your legal name and address
Provide detailed information about the legal or compliance issue
Include any relevant documentation or evidence

Types of Inquiries We Handle

Customer Support:

Account issues and password resets
Technical problems with our Services
Billing questions and payment issues
Feature requests and suggestions
General questions about our Services

Complaints and Disputes:

Service quality concerns
Billing disputes
Terms of service violations
Privacy and data protection issues
Refund requests and processing

Legal and Compliance:

Terms of service questions and clarifications
Privacy policy inquiries
Intellectual property matters
Legal notices and formal communications
Compliance and regulatory questions

Response Times and Expectations

Standard Response Times:

Email inquiries: 1-2 business days for initial response
Technical support: 24-48 hours for most issues
Billing questions: 1-3 business days
Legal matters: 3-5 business days
Complex issues: May require additional time for thorough investigation

Note: Response times may be longer during holidays or peak periods. We appreciate your patience and will respond as quickly as possible.

Additional Support Resources

Before Contacting Us:

You may find answers to common questions in:

Our FAQ section (if available on our website)
Help documentation and user guides
These Terms of Service for policy questions
Our Privacy Policy for data-related questions

Checking these resources first may provide immediate answers and faster resolution.

We're Here to Help:

WE ARE COMMITTED TO PROVIDING EXCELLENT CUSTOMER SUPPORT AND RESOLVING YOUR QUESTIONS AND CONCERNS PROMPTLY. WHETHER YOU HAVE A TECHNICAL ISSUE, BILLING QUESTION, OR NEED CLARIFICATION ABOUT OUR TERMS OF SERVICE, PLEASE DON'T HESITATE TO REACH OUT USING ANY OF THE CONTACT METHODS ABOVE.

1. AGREEMENT TO OUR LEGAL TERMS

2. OUR SERVICES

3. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

Your use of our Services

Your submissions and contributions

Copyright infringement

4. USER REPRESENTATIONS

Your Representations:

5. USER REGISTRATION

Subscriptions

Billing and Renewal

Free Trial

Cancellation

Fee Changes

6. PROHIBITED ACTIVITIES

As a user of the Services, you agree not to:

7. USER GENERATED CONTRIBUTIONS

When you create or make available any Contributions, you represent and warrant that:

License Grant

Ownership and Responsibility

Our Rights to Your Contributions

8. CONTRIBUTION LICENSE

License Scope

Ownership and Responsibility

Our Content Management Rights

9. GUIDELINES FOR REVIEWS

Review Requirements

Our Review Management

Review License Grant

10. MOBILE APPLICATION LICENSE

Use License

Prohibited Activities

Apple and Android Devices

Key Terms

11. SOCIAL MEDIA

Connection Methods

Your Representations and Warranties

Information Usage

Service Limitations

12. SUBMISSIONS

Your Submissions and Contributions

Submissions

Contributions

License Grant for Contributions

Your Responsibilities

Your Warranties and Representations

13. THIRD-PARTY WEBSITES AND CONTENT

No Investigation or Monitoring

Risks and Liability

Third-Party Applications and Services

User Responsibility

Intellectual Property

Removal and Modification

14. ADVERTISERS

Our Role

Advertiser Relationships

User Responsibilities

Advertisement Content

Data and Privacy

15. SERVICES MANAGEMENT

Monitoring and Enforcement

Content Management

General Management Authority

Discretionary Authority

User Impact

Compliance and Best Practices

16. PRIVACY POLICY

Privacy Policy Reference

Data Location and Transfer

Children's Privacy Protection

Your Privacy Rights

Privacy Policy Updates

17. TERMINATION

Our Right to Terminate

Reasons for Termination

Post-Termination Restrictions

Your Right to Terminate

Effect of Termination

No Liability for Termination