Terms of Service

1. Introduction

Welcome to nuked.link. These Terms of Service ("Terms") govern your access to and use of nuked.link's website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. By using our Services, you are entering into a legal agreement with nuked.link Inc. ("nuked.link," "we," "us," or "our").

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines the permitted and prohibited uses of our Services.

2. Definitions

Throughout these Terms, we use certain defined terms:

• "Account" means a unique account created for you to access our Services.
• "Content" means any text, images, or other information that you upload, create, share, or store while using our Services.
• "User" means any individual who accesses or uses the Services.
• "Shortened URL" means a URL that has been processed through our Services to create a shorter, redirecting link.
• "Subscriber" means a User who has purchased a subscription plan for our Services.
• "Free User" means a User who uses our Services without purchasing a subscription plan.
• "Website" means the nuked.link website at https://nuked.link and all subdomains.

3. Account Terms

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring that you exit from your account at the end of each session when accessing the Services on a shared computer

3.3 Age Requirements

You must be at least 16 years old to create an account and use our Services. If you are under 18, you must have the consent of a parent or legal guardian to use the Services.

3.4 One Person, One Account

Each person may maintain only one account. Accounts registered by bots or automated methods are not permitted.

4. Acceptable Use

4.1 Compliance with Laws

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.

4.2 Usage Limits

The Services may be subject to limitations, such as the number of shortened URLs that may be created within a specified time period or the maximum number of clicks that can be tracked. These limitations may vary based on your subscription plan and are detailed on our Pricing page.

4.3 API Rate Limits

If you use our API, you agree to respect any rate limits and not attempt to circumvent such limits.

4.4 Security

You agree not to:

• Probe, scan, or test the vulnerability of any system or network
• Breach or otherwise circumvent any security or authentication measures
• Access, tamper with, or use non-public areas of the Services
• Interfere with or disrupt any user, host, or network

5. Prohibited Content

You may not use our Services to shorten URLs that link to content that:

• Is illegal or promotes illegal activities
• Infringes upon or violates the intellectual property rights or other rights of others
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
• Contains viruses, trojan horses, worms, time bombs, corrupted files, or any other similar software that may damage the operation of another's computer or property
• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or spamming
• Promotes or facilitates gambling, multi-level marketing, high-risk investments, pyramid schemes, phishing, or fraud
• Impersonates any person or entity
• Contains sexually explicit or pornographic material
• Promotes violence, discrimination, or hatred against any individual or group
• Sells prescription drugs, narcotic substances, weapons, or other regulated items

We reserve the right to determine, in our sole discretion, whether content violates these Terms. We may remove such content and/or terminate your access to the Services without prior notice.

6. Service Terms

6.1 Service Availability

We strive to ensure that our Services are available 24 hours a day, 7 days a week. However, we do not guarantee that the Services will be available at all times. We may experience hardware, software, or other problems resulting in service interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time without notice.

6.2 Link Expiration

Shortened URLs may expire based on your subscription plan:

• Free accounts: Links expire after 30 days of inactivity
• Basic plan: Links expire after 90 days unless otherwise set
• Premium plan: Links do not expire unless manually set
• Business plan: Links do not expire unless manually set

We reserve the right to delete or disable any shortened URL at any time for any reason.

6.3 Custom Domains

If you use a custom domain with our Services, you represent and warrant that you have all necessary rights to use that domain and that your use of the domain with our Services does not violate any third-party rights.

6.4 Analytics

Our Services provide analytics for shortened URLs. While we strive to provide accurate information, we do not guarantee the accuracy, completeness, or usefulness of this information.

7. Payment Terms

7.1 Subscription Plans

We offer various subscription plans for our Services, the details of which are available on our Pricing page. By subscribing to a plan, you agree to pay the applicable fees.

7.2 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis depending on the subscription plan you select. Unless otherwise stated, the subscription period begins on the date of your initial subscription payment.

7.3 Auto-Renewal

Subscriptions automatically renew at the end of each subscription period unless cancelled prior to the renewal date. By subscribing, you authorize us to charge your payment method for the subscription fee at the beginning of each subscription period.

7.4 Refunds

We offer a 14-day money-back guarantee for all paid plans. If you are not satisfied with our Services, you may request a refund within 14 days of your initial subscription payment or upgrade.

After the 14-day period, subscription fees are non-refundable and there are no refunds or credits for partially used subscription periods.

7.5 Fee Changes

We may change our subscription fees at any time. If we change our fees, we will provide notice of the change on our website or by email at least 30 days before the change takes effect.

7.6 Taxes

All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Services.

8. Termination

8.1 Termination by You

You may terminate your account and subscription at any time through your account settings or by contacting us at [email protected].

8.2 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

8.3 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and all associated data
• Shortened URLs created under your account may cease to function
• You will not be entitled to any refund of subscription fees

8.4 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUKED.LINK AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NUKED.LINK NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Services will be accurate or reliable
• The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
• Any errors in the Services will be corrected

You expressly understand and agree that your use of the Services is at your sole risk.

10. Limitation of Liability

IN NO EVENT WILL NUKED.LINK, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO NUKED.LINK UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless nuked.link, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms.

This indemnification includes any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees, of every kind and nature, arising from or in any way related to:

• Your use of and access to the Services
• Your violation of any of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Intellectual Property

12.1 Our Intellectual Property

The Services and all content and materials included on the Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of nuked.link or its content suppliers and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal or internal business purposes. This license does not include:

• Any resale or commercial use of the Services or the content
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Services or the content
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

12.3 Your Content

You retain all your ownership rights in your content. However, by submitting content to us, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services and our business.

12.4 Feedback

If you provide us with any feedback or suggestions regarding the Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim against nuked.link, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or nuked.link may bring a formal proceeding.

15.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules.

The tribunal will consist of a sole arbitrator. The place of arbitration will be San Francisco, California. The language to be used in the arbitral proceedings will be English.

15.3 Class Action Waiver

YOU AND NUKED.LINK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exception to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

15.5 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, unless otherwise stated in this Agreement.

16. Contact Information

If you have any questions about these Terms, please contact us at: