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The website (“Site“) on which these terms and conditions of use (“Terms of Use“) appear is owned and operated by Radiate Capital Limited (“Rebrandly“, “we“, “our“, or “us“). The Site provides information, documents, tools, products, services, accounts, offers, and suggestions on the best way to use our services and products (collectively, “Services“). For the purpose of these Terms of Use, “you” or “your” means the person accessing the Site and Services and any persons that allow others to provide information about themselves to us. Rebrandly and you may be referred hereinafter collectively as the “Parties” and individually as a “Party“.
THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS OF USE. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE AND SERVICES IF YOU VIOLATE THESE TERMS OF USE. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES, OR ANY INFORMATION CONTAINED ON THIS SITE.
We reserve the right to amend these Terms of Use. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use, however, we are not obligated to. By using the Site or Services after we have updated these Terms of Use, you are agreeing to the then-current version thereof.
Radiate Capital Limited (operating as Rebrandly) is registered in Ireland (number 567282) and has its registered office at Block 3, Harcourt Centre, Harcourt road, Dublin 2, D02 A339, Ireland. Rebrandly’s VAT number is IE3379619SH.
The Services are intended primarily for commercial use. If you want to use the Services for personal use, please click here for supplementary terms and conditions. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.
By using or registering for a Service, you agree to these Terms of Use and our Data Processing Addendum. We also publish a Cookie Policy and Privacy Policy, which we encourage you to read to better understand how you can update, manage, access, and delete your information. You may also choose to print a copy of these policies for your records.
To access the Site or certain Services, you may be asked to create an account by providing a valid email address and strong password. Your account will be created once you complete a registration form in accordance with the instructions provided. Concerning your account, you represent and undertake that: (a) all required information you submit is truthful and accurate, and you will maintain the accuracy of such information; (b) you will not allow your account profile to be used by any other unregistered user; (c) you will keep a secure password for the use of the Rebrandly account and such password will be changed as frequently as Rebrandly requires in its sole discretion, and that you will keep your password confidential; (d) you will permit Rebrandly or any of its licensors and/or agents to audit your account to establish compliance with these Terms of Use; and (e) you are at least eighteen (18) years of age and able to enter into contracts.
Rebrandly reserves the right, in our sole discretion and without notice to you, to suspend, terminate, modify, or delete your user account or your access to the Site or parts thereof if you are, or we suspect that you are, failing to comply with any of the provisions of these Terms of Use or the Data Processing Addendum or for any actual or suspected illegal or improper use of the Site. If you use multiple accounts, then Rebrandly may take action against all of your accounts. Any activity regarded as unlawful may be reported to law enforcement.
To access certain Services, you will be required to purchase a subscription which entitles you and any employees, agents, clients, and independent contractors who you authorize (“Authorized Users“) to access and use the Services and Documentation (as defined in Section 4) (“User Subscription“). Except for free accounts, you must pay subscription fees in the manner set out in the “Subscription” and “Payment Method” sections of your Rebrandly dashboard (“Subscription Fees“). We will charge the Subscription Fees to your payment method on the specific payment date provided on the “Subscription” and “Payment Method” sections of your Rebrandly dashboard. If Rebrandly does not receive your payment within five (5) business days after the due date, Rebrandly is entitled to suspend your access to all or part of the Services while the invoice(s) concerned remain unpaid.
The length of your billing cycle will depend on the type of User Subscription you choose when you sign up for the Service. In some cases, your payment date may change. For example, if you change your User Subscription or if your User Subscription began on a day that is not in every month.
Your User Subscription will automatically renew at the end of your subscription (“Anniversary Date“) unless you cancel your User Subscription in accordance with the next Cancellation section. If Rebrandly has not received a notice of cancellation and has not received payment by the Anniversary Date, Rebrandly may suspend, delete, or downgrade your Services to a free service. Rebrandly may delete any data that you have provided in your links and dashboard without notice in such circumstances.
“Activation Date” means the date on which Rebrandly makes the Services available to you. At any time after the Activation Date, you may cancel your User Subscription to a Service by providing thirty (30) days’ written notice to Rebrandly. Rebrandly may cancel your access to and use of a Service, or discontinue any Service in its sole discretion at any time by providing thirty (30) days’ written notice. The Service will terminate automatically on the date specified in the cancellation notice. If the Party does not specify a cancellation date, the Service will terminate at the end of the then-current billing period. You will not be entitled to any refund if you cancel a Service prior to the Anniversary Date.
If for any reason Rebrandly cancels a Service or is no longer able to continue a Service, you will be entitled to a refund of Subscription Fees already paid, calculated pro rata, for the unexpired period of the User Subscription. In any case, a refund will not amount to more than the Subscription Fees you already paid.
Rebrandly reserves the right to cancel any Service immediately and without notice to you if you breach any provision of these Terms of Use or any other terms that apply to that Service.
Upon cancellation for any reason: (i) all rights granted to you under these Terms of Use will cease; (ii) you must cease all activities authorized by these Terms of Use; and (iii) you must immediately delete, remove, and cease access to your user account.
To use our Services, you must provide one or more payment methods. You authorize us to charge any payment method associated with your account. We may charge a different payment method in circumstances where your primary payment method is declined or no longer available to us. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise within five (5) business days of the initial charge, and you do not cancel your account, we may suspend or downgrade access to all or part of the Services. We will have no obligation to provide any or all of the Services while the invoice concerned remains unpaid. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method you use. We recommend checking with your payment method provider for details.
You can update your payment methods by contacting Rebrandly Customer Support. We may also update your payment methods using the information provided to us by authorized payment service providers. Following any update, you authorize us to continue to charge your payment methods.
“Usage Volume” means the number of clicks, links, domain names, reports, and teammates set out in your User Subscription. If you exceed your Usage Volume, we reserve the right to charge you additional fees.
Rebrandly may change the price of its Services at any time by updating the applicable pricing information or other terms posted on the Site. Any price changes will become effective beginning with the first full billing cycle after Rebrandly posts any such changes. If you do not agree to any such changes, you must cancel your User Subscription before the change takes effect, otherwise, it will be deemed that you have accepted and agreed to the changes.
You may change your User Subscription at any time by completing and submitting the Rebrandly upgrade request form. Upon any such upgrade, you agree to pay the increased Subscription Fees in accordance with these Terms of Use.
Some Services (such as professional services) may incur additional fees outside your User Subscription. You will pay any such additional fees in the manner mutually agreed upon before commencement of the Services.
You shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable hereunder; and to the extent Rebrandly is required to pay any such sales, use, excise, or other taxes or other duties or charges, you shall reimburse Rebrandly in connection with its payment of fees and expenses as set forth in this Section. Notwithstanding the previous sentence, in no event shall Rebrandly pay or be responsible for any taxes imposed on, or regarding, your income, revenues, gross receipts, personnel, or real or personal property or other assets.
Rebrandly will perform the Services and make all documents, demonstration materials, webinars, system user guides, or other documentation and manuals (collectively, the “Documentation“) available to you using all reasonable skills and care. The Services are provided on an “as is” and “as available” basis. Rebrandly will use reasonable commercial endeavors to make the Services provided through the Site available 24 hours a day, seven days a week, subject to any planned maintenance or unscheduled emergency maintenance, where Rebrandly will try to provide you as much notice as possible. Rebrandly will provide the Services in accordance with the service descriptions in the Documentation (“Services Description“). If the Services do not materially conform to the Services Description, Rebrandly will use reasonable commercial endeavors to correct such non-conformance or to provide a substitution. Any such correction or substitution constitutes your sole and exclusive remedy. Notwithstanding the foregoing, Rebrandly does not warrant that your use of the Services will be uninterrupted or error-free, or that the Services, Documentation, and/or the information obtained by you through the Services will meet your requirements. Rebrandly is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of any data you provide through the Services (“Your Data“), over communications networks and facilities, including the internet. You acknowledge and agree that the Services and Documentation may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
By accessing or using the Site and/or Services, you agree to:
You further agree not to use the Site and Services in any way that:
This list of prohibited activities provides examples and is not complete or exclusive. You acknowledge that you are solely responsible for ensuring that your use and your Authorized User’s use of the Site and the Services do not violate this Section 5. We reserve the right to terminate access to your account and your ability to use the Site, Services, or Documentation with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and Services. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Site, to protect us and/or our Site users, or for any other purpose that the law permits.
You acknowledge that Rebrandly is a reseller participating in Tucows’ distribution channel for domain name registrations. Rebrandly cannot guarantee that you will obtain your requested domain name, and Rebrandly is not responsible for any inaccuracies or errors in the domain name registration or renewal process. For a full, detailed explanation of the Tucows’ Registration Agreement to which you will be subject, please review it here. Domain registration, transfer, and renewal fees are non-refundable.
The auto-renewal option is enabled by default to ensure that every domain name registered through Rebrandly will be renewed and will continue to work along with the branded links associated with it. You can disable the auto-renewal option and terminate the service 60 days before the domain is scheduled to auto-renew. When a domain is terminated, it will be removed from the associated account along with all the related links.
You acknowledge that Rebrandly uses third party domain search providers in the Services (“Domain Search”). You shall not provide or submit personal data or other sensitive data into the Domain Search. Information that you provide or otherwise submit into the Domain Search may be provided to the relevant domain search provider and shall be processed in accordance with the Rebrandly Privacy Policy.
If you choose to connect a domain you have purchased through any other domain provider to the Site, it is your sole and explicit responsibility to adhere to the terms set out by that domain provider and the terms contained within these Terms of Use. Rebrandly will have no liability to any third party for your use of any other domain.
Domain names registered by Rebrandly are for the purposes of establishing branded links and access to the domain control panel, and the domain name system will not be available to you unless otherwise agreed.
You agree that any disputes arising from your application to register, maintain or renew a domain name registration will be handled according to the Uniform Domain Name Dispute Resolution Policy, which has been adopted by ICANN and as set out here.
Rebrandly reserves the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Services, including, but not limited to, any online software applications Rebrandly provides as part of the Services (the “Software“), hours of availability, equipment needed for access or use, the maximum number of clicks you can monitor, and the quantity of statistical data Rebrandly stores in its servers. Any such modifications will not materially or adversely affect your rights or obligations under these Terms of Use.
“Confidential Information” means all Documentation, technical information, Software, business information, feedback, reports about the Services, trade secrets, Intellectual Property Rights, or other materials of a confidential nature disclosed by Rebrandly to you in connection with your use of the Services. You will treat all Confidential Information that you may receive as secret, confidential, and proprietary and will not disclose or use the same without Rebrandly’s explicit and prior written consent. You will implement such procedures as reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information that: (a) before its disclosure, was of general public knowledge; (b) becomes, after its disclosure to you, a matter of general public knowledge other than as a consequence of a breach by you of any obligation under these Terms of Use; or (c) is made public by Rebrandly.
Unless you have otherwise requested in writing before the Activation Date, you agree that Rebrandly may include your trademarks, name, logos, comments, and feedback in Rebrandly customer lists, press releases, marketing materials, social media channels, and on the Site. You may ask us at any time during your User Subscription to withdraw any such use.
“Intellectual Property Rights” means all patents, utility models, rights to inventions, copyright and neighboring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all and other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.
Rebrandly owns all Intellectual Property Rights in the Services, Documentation, and the Site. Rebrandly hereby grants you a non-exclusive, non-transferable, revocable, and limited license to use, view, display, and access the Services, Documentation, and Site foregoing for the sole purpose of exercising your rights under these Terms of Use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Services, Documentation, or Site and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Services, Documentation, or Site in any manner or for any purpose that would constitute an infringement of our, our licensors’, or other user’s Intellectual Property Rights. All rights not expressly granted herein are reserved.
If you breach any of the Terms of Use, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Services or Documentation.
To use the Services, Rebrandly requires you to register and provide personal data (as defined under applicable data protection laws) (“Personal Data“). You agree to provide accurate and complete Personal Data, and you agree to keep such information current.
The Rebrandly Privacy Policy explains how Rebrandly collects and uses Personal Data. You agree to comply with your obligations, and Rebrandly agrees to comply with all respective obligations under applicable data protection laws. You warrant that you are entitled to disclose any Personal Data that you provide to us. You warrant that you will not transfer, store, disclose, or process sensitive Personal Data through your use of our Services unless you obtain our prior written consent.
You will not include any Personal Data inside any Service applications and/or any URL/link created by you using the Services. It is your responsibility to notify Rebrandly in advance should you include or wish to include any Personal Data in any URL/link you create by using the Services or in any part of the Service application.
The Site contains integrations with domain search providers and hyperlinks to third-party websites (collectively, “Third-Party Sites“). You acknowledge and agree that Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy, terms and conditions, and/or user guides. Rebrandly is not responsible for and makes no representations or warranties concerning the contents or privacy policies, or practices of any Third-Party Sites or any link contained in a Third-Party Site. We provide links to the Third-Party Sites to you as a convenience only and is not intended as and should not be construed as an endorsement or recommendation by us of the Third-Party Site or its content. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICE OF ANY THIRD PARTY.
You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the Services and/or the Documentation by you and for conclusions drawn from such use.
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SITE, THE INFORMATION, SERVICES, AND/OR DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
BY PROVIDING THE SERVICES, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME IN OUR SOLE DISCRETION.
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE, AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
REBRANDLY’S LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, SERVICES, AND DOCUMENTATION, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE THE PRICE OF THE SUBSCRIPTION FEES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT.
IN NO EVENT, WILL REBRANDLY BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, SERVICES, OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF REBRANDLY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney’s fees and expenses) incurred in connection with any claim related to your use of the Site or Services, including (a) any breach of these Terms of Use; (b) providing content to or communicating with us or our affiliates, including supplying your registration data to us; (c) engaging in a prohibited activity; or (d) any unauthorized use or breach of a third party’s Intellectual Property Rights.
Assignment. You may not assign, delegate, or transfer these Terms of Use or any right or obligation contained in them without our prior written consent. We may freely assign our obligations and rights under these Terms of Use.
Relationship. Nothing in these Terms of Use will be construed to give any Party the power to direct or control the daily activities of the other Party or to constitute the Parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners or otherwise as participants in a joint undertaking.
Deeds. Each Party hereby covenants and agrees that it will execute and deliver such deeds and other documents as may be required to implement any of the provisions of these Terms of Use.
No Waiver. The failure of any Party to insist on strict performance of any provision of these Terms of Use will not preclude any other further exercise of that right or other right under these Terms of Use.
Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.
Entire Agreement. These Terms of Use and the documents referred to herein constitute the entire agreement between the Parties and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, and agreements between you and us relating to their subject matter.
Other Remedies. The Parties’ remedies under these Terms of Use are cumulative and will not exclude any other remedies to which a Party may be lawfully entitled. Each Party acknowledges that in entering and accepting these Terms of Use, it does not rely on, and will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in them.
Alterations or Variations. No alteration to or variation of these Terms of Use will take effect unless and until Rebrandly accepts the same in writing.
Governing Law and Jurisdiction. These Terms of Use and any dispute, or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of Ireland. You irrevocably agree that the courts of Ireland will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation (including non-contractual disputes or claims).
If you have any questions or comments regarding these Terms of Use, please contact us at https://rebrandly.support/contact.
Last updated: June 6, 2024 – Version 6.0