End User License Agreement

Intro

Please read this End User License Agreement (“EULA”) carefully before using our website at https://linkensphere.com.br/ (“Website”), and before downloading and installing our Linken Sphere desktop application (“App”).

Warning

THE EULA CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THIS EULA, PLEASE DO NOT USE THE APP OR WEBSITE IN ANY MANNER.

Our Privacy Notice describes our collection and use of personal data in connection with your access to and use of the Website and the App.

If you have any questions or comments about this EULA, or the operation of the Website or Application, please contact us or our F.A.Q. page to find more information about the App.

About us

When we use “we” in this EULA, we mean:

Field	Value
Name	LEGENDARY SOFTWARE LIMITED
File number	16035718
Address	2nd Floor College House, 17 King Edward’s Road, Ruislip, London, United Kingdom, HA4 7AE
Email	[email protected] – for general inquiries
Email	[email protected] – for privacy inquiries

You can contact us at the email addresses listed above.

Please pay attention:

• We may not respond to abusive emails or messages. Please be polite when communicating with us.
• customer support service representatives are not authorized to bind us to anything contrary to the EULA. We are not responsible for any information provided by customer support service representatives that is inconsistent with the EULA.

Warning

If we believe that your behavior or communication towards any of our customer support service representatives or other team members at any time is threatening or abusive, we reserve the right to immediately terminate EULA for you.

Entire agreement

This EULA and any operating rules and policies posted on the Website or in the App, including the Privacy Notice, constitute the entire legally binding agreement and understanding between us and our users (“you” or “user”), governing your access to and use of the Website or the App.

By using the Website in any way, you represent and warrant that:

• you have read carefully, understood in full, have sufficient legal capacity, and undertake to comply with the EULA to the fullest extent applicable to the use of the Website;
• if you do not have full legal capacity, you use the Website exclusively under the supervision of parents or guardians;
• you have no restrictions on access and use of the Website in accordance with laws applicable to you or this EULA;
• you agree to comply with the EULA and all applicable laws each time you use the Website.

By clicking “I accept the agreement” during the installation of the App, you:

• represent and warrant that you have read carefully, understood in full, and have the legal capacity to and with this agree to be legally bound by and to comply with this EULA to the fullest extent applicable to the use of the App;
• represent and warrant that you are 16 years of age or older (otherwise, you can use the App exclusively under the supervision of parents or guardians);
• represent and warrant that, according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to use the App;
• represent and warrant that, according to your local jurisdiction, you are eligible to pay for the subscription with cryptocurrency, if you do so;
• agree to comply with this EULA and all applicable laws and regulations.

Website use

You can learn more about us, our App, as well as the specifics of areas of our expertise using the information published on the Website.

Warning

ANY INFORMATION PUBLISHED ON THE WEBSITE:

HAVE ONLY AND EXCLUSIVELY INFORMATIVE PURPOSE AND ILLUSTRATIVE NATURE;

IS NOT A REPRESENTATION OR WARRANTY OF ANY KIND THAT YOU WILL ACHIEVE ANY KEY PERFORMANCE INDICATORS (KPIs) OR ANY OTHER RESULTS AS A RESULT OF ACCESSING OR USING THE MATERIALS ON THE WEBSITE OR AS A RESULT OF THE USE OF THE APP.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE DULY INFORMED OF, AWARE OF, AND HAVE NO COMPLAINTS, CLAIMS, DEMANDS, OR OBJECTIONS THAT ANY ACTIVITY YOU DO IS AT YOUR OWN RISK AND ANY RESULTS OF IT ARE SOLELY AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.

WE ARE NOT RESPONSIBLE FOR THE INABILITY TO USE THE WEBSITE OR THE CONTENT (DEFINED BELOW).

Use license and subscriptions

The App is available for free downloading in a desktop version through our Website.

Account

To use the App, you need to register a personalized account (“Account”) in the App by providing your email address. After you have signed up via your email, please insert the 5-digit verification code, which we sent to the indicated address to confirm it, set the password, and instantly sign in.

You must not transfer or assign your Account to someone else.

If you have lost access to your Account, you can restore access to the App using your email. If you know or have any reason to suspect that someone has gained access to your Account without your authorization or your credentials have been lost, stolen, misappropriated, or otherwise compromised, please immediately notify us.

To irreversibly terminate your Account, please address our support with the respective request or use the relevant functionality in your Account.

Free use

By installing the App, you acquire a free-of-charge license to use the App to view web pages, the content of web documents, and computer files, which includes 5 sessions.

Subscriptions

To use the App beyond the free-of-charge license specified above, you have to purchase a subscription-based license and pay the subscription fee under the available subscription plans, displayed on the Website.

The mentioned license will be provided for the particular chosen and paid number of days, and it is not automatically renewable.

The subscription plans may differ in prices, subscription periods, number of available sessions, available functions, etc. Some of them have unlimited seats and members or make available teamwork with different access rights for each member.

The payments are facilitated by third-party providers under their legal documents. In no case shall we be responsible for any personal data processed by such providers.

Some features or services, including the use of a proxy server, may be provided for an additional fee, unless otherwise provided by your subscription plan. Please, see prices and conditions on the Website or in the App.

Warning

PLEASE NOTE, IF YOUR LOCAL CURRENCY IS DIFFERENT FROM THE CURRENCY IN WHICH THE PRICES ARE QUOTED, YOUR BANK MAY APPLY THE EXCHANGE RATE APPLICABLE PER THE DATE OF PURCHASE, WHICH IS BEYOND OUR CONTROL.

We reserve the right to revise the subscription fees at any time, subject to providing users with adequate notice of any fee changes before they become effective.

You can also see the status of your subscription and its remaining term in the App.

If your subscription ends, all your sessions and desktops will be suspended until you purchase a new license. After the expiration of your license, we may store the hash of the last backup. In such a case, we will erase this hash if you don’t restore your license within 180 days. After this, it is not possible to recover your data.

You may change your subscription to any other available by contacting us.

Warning

THE NEW SUBSCRIPTION WILL BE EFFECTIVE FROM THE MOMENT OF CONFIRMATION OF PAYMENT UNDER THE NEW SUBSCRIPTION PLAN. PLEASE NOTE, IF A NEW ONE IS CHEAPER THAN THE CURRENT ONE, THE NEW CHEAPER SUBSCRIPTION WILL BE AVAILABLE FOR PURCHASE FROM THE MOMENT OF EXPIRATION OF THE CURRENT ONE. HOWEVER, YOU CAN CONTACT WITH US AND WE CAN MANUALLY HELP TO GET A NEW CHEAPER ONE BEFORE THE EXPIRATION OF THE CURRENT ONE.

Refunds

If you have any problems with the App functioning, please contact our support team by chat specified on the Website or in the App, and we will make every effort to help you.

To request a refund, please, contact us. We will provide a full refund of the subscription fee paid by you to the App within 14 calendar days from the date of your purchase. We are entitled to request the documents necessary for that process and suspend the term of the refund for the period of waiting for the documents from you.

The payments for proxy servers are non-refundable.

Warning

PLEASE NOTE, IN THE CASES OF THE SUBSCRIPTION CHANGE AT YOUR INITIATIVE, THE UNUSED PART IS NOT REFUNDABLE.

Intellectual property

The App is owned and controlled by us.

All materials of the Website and the App, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (collectively, “Content”), as well as copyright and other intellectual property rights to such Content belong to us or is included in the Website or the App with the consent of the owner.

Subject to your compliance with the EULA, we with this grant you a limited, temporary, personal, nonexclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use the Content and to download, install, and use the App on the device (-s) that you lawfully own or control in the manner provided for in the EULA for personal non-commercial or internal business purposes.

We may provide updates or modifications to the Website. The terms of this license shall apply to any such update or modification unless a separate license accompanies it.

Under this license, you are prohibited from and must not:

• sell, lease, rent, license, sublicense, or otherwise distribute the App or its software, except for the limited provision of the App by you to your team (where applicable);
• copy, decompile, disassemble, translate, or reverse engineer the App software, in whole or in part;
• write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the App or its software, and its updates;
• provide, disclose, divulge, or make available to, or permit the use of the App or its software by any third party without our prior written consent;
• use the App for sending spam, opt-in or unsolicited email, port scanning, scanning for open proxies or open relays, attacking in any way, shape, or form any other computer or network;
• use the App for illegal purposes in any manner;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented for the protection of the App by us or any of our providers or any other third party (including another user).

You are not allowed to use the Content or any of its elements in any way not provided for in this EULA without our prior written permission or permission of the owners of the Content.

Any attempt to do so is considered a violation of this EULA and our rights. If you violate any of these restrictions, your use of the App will be reviewed and terminated, and you may be subject to legal actions and damages.

It is understood and agreed that we are the owner of all rights, title, and interest in and to the original, and any copies of the App software and related information, improvements, enhancements, or derivatives to it and ownership of all intellectual property rights on it, in whole or in part, shall be, vest with, and remain our exclusive property.

If you download or copy the Content, no rights, title, or interest in any downloaded or copied Content is transferred to you due to any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works, or otherwise use the Content for illegal purposes or for commercial purposes without our prior written permission. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website or the App.

Your license is automatically revoked if you violate this EULA. We hereby reserve all rights not expressly granted in this EULA.

Third-party websites and services

The Website or App may contain links to third-party websites and services that we do not control, but which are used for their functioning, or some App or Website features are available in compatibility with third-party websites and services (including proxy servers).

Please note that some of the proxy servers provided by the third parties may have such settings that block access to the services of the other third parties, which may also include payment providers.

The App does not store any user data except for information about the fact of using a proxy server.

Warning

WE ARE NOT RESPONSIBLE FOR THE CONTENT AND FUNCTIONALITY THAT MAY BE OFFERED ON SUCH WEBSITES OR BY SUCH THIRD-PARTY SERVICES. YOU USE THEM AT YOUR OWN RISK AND RESPONSIBILITY. WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR OTHER LIABILITY ARISING FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES OR SERVICES.

Please note that you can visit third-party websites, which we do not control, using the App. In no case, we are responsible for personal data processed by third-party websites and services. We are not responsible for the content of such websites. We cannot guarantee that all the websites are compatible with the App software, that all features are constantly available and uninterrupted, or that you will have access to the particular website. We shall not be held responsible for any losses, damages, or other liabilities incurred due to your interaction with those third-party websites and services.

Also, access to and use of other websites and services that we own or operate are subject to other terms of use posted on such websites and services and are not governed by this EULA.

Warranties and disclaimers

The Website and App are provided to you “as is.”

Unless otherwise provided in this EULA, we disclaim all representations and warranties, to the fullest extent permitted by law, regarding the Website and its functionality, the App and its functionality, and Content, including, without limitation, representations and warranties of fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.

We make no representations or warranties as to the accuracy or timeliness of the information published on the Website and in the App, and accessible via the App.

We do not make, and hereby explicitly disclaim, any and all promises, warranties, or guarantees, in particular, regarding the accuracy, usefulness, reliability, or correctness of the operation of the Website and App. We do not warrant that the operation of the Website and App will be uninterrupted or secure, that any defects will be corrected, or that the Website and App are free of viruses or other harmful elements.

Warning

BY INSTALLING THE APP, YOU HEREBY WARRANT AND CONFIRM THAT IT IS DULY INFORMED OF, AWARE OF, AND DOES NOT HAVE ANY COMPLAINTS, CLAIMS, DEMANDS, OR OBJECTIONS THAT YOUR USE OF THE APP DOES NOT GUARANTEE YOU ANY IMMEDIATE OR SPECIFIC RESULTS.

We warrant that the App will perform substantially according to its documentation within the period of your license.

Limitation of liability

We are not responsible if any information, materials, or content available through the Website or App is inaccurate or incomplete.

You are solely responsible for the legality of your actions within and via the App and your use under the laws and regulations applicable to you.

Warning

YOU ARE RESPONSIBLE FOR THE ACTIONS OR INACTIONS, WHERE APPLICABLE, OF YOUR TEAM (AND ANY OTHER PERSON WHO GAINED ACCESS TO YOUR ACCOUNT OR ABILITY TO USE THE APP DUE TO YOUR FAULT) THAT VIOLATE THIS EULA OR ANY LAWS APPLICABLE, AS FOR YOUR OWN.

In no event shall we, our licensors, subsidiaries, directors, partners, employees, contractors, or agents be liable for indirect, incidental, special, punitive, or consequential damages, related to any use or inability to use the Website or App, including, without limitation, any damages, caused as a result of the use of the information provided through the App or by mistakes, omissions, interruptions, defects, viruses, even if we have been advised of the possibility of such damages.

The preceding limitations of liability do not apply to the extent prohibited by law.

Indemnification

You explicitly, voluntarily, and entirely agree, and hereby are obligated to defend, indemnify, and hold harmless us, or our shareholders, directors, and all other officials, employees, contractors, subcontractors, licensors, vendors, and all other counterparties from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

• any breach by you (or by any other person due to your fault) of this EULA;
• your use or misuse of the Website, App, or Content;
• the use or misuse of the Website, App, or Content by any other person due to your fault;
• any violation by you (or by any other person you provide with access to your Account or with the ability to use the App) of applicable law, third party’s intellectual property or other rights, any agreement or terms with a third party to which you are subject.

You also explicitly, voluntarily, and entirely agree, and hereby are obligated to indemnify us against any damages and expenses incurred by us (including the fees or expenses of lawyers, accountants, professional advisors, and other professionals) in connection with the defense or settlement of disputes arising out of your use of the Website or App, including, but not limited to any illegal or prohibited purposes.

Applicable law and jurisdiction

Except as otherwise outlined in this EULA or any policies published on the Website or in the App, this EULA shall be exclusively governed by and construed under the laws of England and Wales.

Warning

IF ANY MATERIAL IN THE APP, OR YOUR USE OF THE APP, IS CONTRARY TO THE LAWS OF THE PLACE WHERE YOU ARE WHEN YOU ACCESS IT, THE APP IS NOT INTENDED FOR YOU, AND WE ASK YOU NOT TO USE IT. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM.

Except where prohibited by applicable law, and without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to the App or this EULA, including, without limitation, those relating to its validity, its construction or its enforceability shall be resolved through amicable negotiations directly with our team following the principles of good faith and cooperation.

Suppose the negotiations may not reach a consensus. In that case, the dispute shall be settled exclusively by the authorized court, subject to its jurisdiction rules, with the applicable substantive law.

All claims shall be brought within one (1) month after the claim arises, except to the extent that a more extended period is required by applicable law.

Electronic communications

By using the Website or App and providing us with your contact information, you understand and agree that we may send you recommendations and information via email or push-notifications regarding, without limitation:

• your use of the Website, App, or Content;
• updates of the Website or App, terms of our services, and this EULA;
• subscriptions, transactions, and cancellations under this EULA;
• newsletters about offers.

Note, however, that some email messages may be more “commercial” in nature than others, as they may advertise our services or offers we believe you may be interested in. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.

You can read more about the rules of personal data processing in our Privacy Notice.

Termination

Termination by us

At any time, we reserve the right at our sole discretion with prior notice to modify, suspend, or discontinue the Website, App, Content, feature, or offers through the App. You agree that we shall not be liable to you or any third party should any preceding occur concerning the App.

We reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this EULA, including, without limitation, the suspension or termination of your license and access to the App.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this agreement with us at any time by deleting and no longer accessing or using the App. If you terminate this agreement, all permissions and licenses granted to you in this EULA will immediately terminate without our obligation to provide any refunds.

Warning

PLEASE NOTE THAT WHEN YOU DELETE THE APP ON YOUR DEVICE WITH AN ACTIVE RECURRING SUBSCRIPTION, IT DOES NOT AUTOMATICALLY CANCEL THE SUBSCRIPTION. YOU MUST MANUALLY CANCEL YOUR SUBSCRIPTION BEFORE THE DELETION.

Miscellaneous

We have the right to monitor the appropriateness of your use of the Website and App, and your compliance with this EULA. In the event of violations, we may revoke or stop providing you with access to the Website or App and revoke your license.

If any provision of this EULA is held to be illegal, invalid, or unenforceable, the remaining provisions of this EULA will remain in full force and effect.

We may assign our rights or obligations under this EULA to a third party, but this will not affect your rights or our obligations under this EULA.

Any failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

We reserve the right to make changes to this EULA at any time. In the event of a material change that may affect your use of the Website or App or your rights as a user of the Website or App, we may, but are not obligated to, notify you of such change within a reasonable time by sending an appropriate notice or by other available means.

Warning

IF YOU CONTINUE TO USE THE WEBSITE OR APP AFTER CHANGES TO THIS EULA HAVE BEEN EFFECTIVE, YOU AGREE TO BE BOUND BY THE MODIFIED EULA.

THE CURRENT VERSION OF THE EULA IS AVAILABLE ON THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING THIS EULA FROM TIME TO TIME TO BE AWARE OF THE RULES AND OBLIGATIONS.

We may post additional policies, programs, terms, etc. on the Website or in the App. In the event of collisions between the provisions of such documents and this EULA, the provisions of such documents shall apply, however, only and solely to the extent of such collisions and within the subject matter of such documents.

A printed version of this EULA is admissible evidence in a judicial or administrative proceeding arising out of or in connection with the use of the Website or App, to the same extent and under the same conditions as other legal documents and records that were created and are stored in printed form.