Last updated: 11/11/2022

1. Scope

1.1. By using the service provided by Heylink ApS (hereinafter “Heylink”), the user (hereinafter the “User”) agrees to these Terms of Use and any supplementary terms as amended and updated from time to time. These Terms of Use must be read carefully before using the Heylink service. The Heylink service is only offered to business users, and no consumers are intended nor allowed to use the Heylink service. If the User does not agree with the Terms of Use, they must stop using the Heylink service. These Terms of Use apply to any use of the Heylink service.

1.2. Heylink and the User shall each be referred to as a “Party” and jointly the “Parties”. The service shall be provided under a subscription structure pursuant to these Terms of Use.

2. Changes to the Terms of Use

2.1. Heylink may, from time to time, change, remove, add to (including without limitation by way of supplementary terms) or otherwise modify the Terms of Use, and reserves the right to do so in its sole discretion. In that case, Heylink will post the updated Terms of Use and/or supplementary terms, as relevant, to the applicable Heylink service and indicate the date of revision.

2.2. Heylink encourages the User to periodically review the Terms. In addition, if Heylink’s modifications are material, Heylink will make commercially reasonable efforts to notify Users electronically, e.g., by way of email address, if the User has an email address on file, or by displaying a notice on the Heylink service indicating that the Terms of Use have changed. All new and/or amended Terms of Use take effect immediately, unless explicitly stated otherwise.

2.3. Notwithstanding the foregoing, (i) no modification to the Terms of Use will apply to any dispute between the User and Heylink that arose prior to the effective date of any modification; and (ii) if the User does not agree with any modification to the Terms of Use, the User may terminate this agreement by ceasing use of the Heylink service. The User’s continued use of any Heylink service after new and/or revised Terms of Use are effective confirmation that the User has read, understood and agreed to those Terms of Use.

3. Description and Purpose of the Heylink service

3.1. Heylink delivers a tracking, reporting, and attribution tool that allows online marketers to monitor their inbound and outbound link traffic.

3.2. The objective of providing Heylink with data is to allow Heylink to aggregate the performance data from all integrated partners and platforms in one platform.

4. Contact with the User

4.1. The User shall appoint a person to oversee the contact with Heylink. Such person shall handle all practical arrangements for which the User is responsible during the subscription term.

5. Subscription term, fees and trial

5.1. The User subscribes to the service provided by Heylink by choosing a subscription model. Further details regarding subscription models, fees and billing are available on the following site: https://heylink.com/pricing/

5.2. Heylink has the right at any time to audit the User’s use of the services to ensure the User is using the correct subscription model. If the User’s usage corresponds to a different subscription model, Heylink has the right (but not the obligation) to change the subscription model for the User.

5.3. Heylink can also offer access to the services through a trial version where the User has access to limited services. The trial period can be terminated at any given time without compensation or liability, whereafter the User will no longer have access to the services unless the User opts into a paid subscription model.

6. Terms of payment

6.1. Unless agreed otherwise, the subscription will be automatically renewed with the same period length at the end of each subscription period until canceled by the User or terminated by Heylink. The payment will automatically be charged for each successive period at the then-current subscription rate by
way of deduction from a credit card provided by the User unless agreed otherwise.

6.2. All subscription fees are non-refundable.

6.3. If the User has not paid the amount due, Heylink shall be entitled to immediately discontinue the service by notice in writing to the User.

7. Exchange of information and confidentiality

7.1. Information relating to the Parties that is exchanged between Heylink and the User in connection with the service provided shall be confidential information.

7.2. Each Party shall keep secret such confidential information and shall exercise the same degree of diligence as exercised in relation to its own confidential information.

7.3. Neither Party may disclose or in any other way make confidential information available to any third party without the written consent of the other Party.

7.4. Upon expiry of the subscription period, Heylink shall return any and all material received from the User if the User so requests.

7.5. Heylink shall be entitled to file material on the service in question for the internal purpose of continued development of Heylink’s products and shall be entitled to use the User’s name as reference for the purposes of marketing, submission of offers, etc.

8. Rights in product and material

8.1. All copyright and any other intellectual property rights shall be accorded to Heylink. The User shall be granted only a right of use as well as property rights to any material physically handed over.

8.2. The User may conclude a separate agreement with Heylink on extension of the permission to use the material received in return for payment of an additional charge, including the possibility to reproduce the material and use the material for marketing purposes. In case of such use, the User shall ensure that the fact that the material has been prepared by Heylink is clearly stated.

8.3. If the User does not conclude a separate agreement with Heylink as specified in Clause 8.2, the User may use the material prepared by Heylink for internal purposes only and may not disclose, change or copy the material, upload it on the User’s website or social media or in any other way reproduce such material.

9. Cancellation/Termination

9.1. The User has the right to cancel the subscription with effect by the end of the currently payment period. Cancellation by the User must be done through the Heylink service which has a process time of up to 5 days. The cancellation must be processed before it can come into effect.

9.2. Heylink has the right to suspend or terminate the User’s subscription if the User breaches any of the terms, is deemed unable to pay its debts including insolvency, has taken any steps regarding liquidation, dissolution etc. or disputes the rights in product and material under clause 8.

9.3. If the User’s subscription is terminated, all rights to receive the services shall cease immediately, the User shall stop using the services and no refunds will be paid to the User. All amounts due from the User shall be paid immediately by the User.

10. Warranty and downtime

10.1. Heylink provides no warranties whatsoever in relation to and shall not be liable for any software applied and installed with the User.

10.2. The User’s use of the service is at the User’s sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

10.3. Heylink, its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.

10.4. Heylink will not compensate the User if the service provided is unavailable
(downtime) no matter the reason.

11. Breach

11.1. In the event of a Party’s breach of the subscription or these Terms of Use, the general rules of Danish law shall apply.

11.2. Any claim for damages as a result of breach by Heylink shall in no event exceed an amount corresponding to the fee agreed to be paid by the User for the subscription period. Heylink shall not be liable for the User’s operating loss, loss of profits or any other indirect loss. It is specifically stated that Heylink shall not be liable for any late delivery or erroneous analysis or report etc. due to facts attributable to the User and/or its employees.

11.3. In the event that the breach by a Party is due to factors beyond the control of such Party (force majeure), the Party shall not be liable for such breach.

12. Governing law and venue

12.1. Any dispute between Heylink and the User arising out of or in connection with the subscription or these Terms of Use shall be subject to Danish law and the jurisdiction of the City Court of Copenhagen.