Last updated 6/27/2022
These General Terms and Conditions ("Agreement") set forth the terms and conditions that apply to your access and use of MiniLink, a URL shortening and domain service ("hereinafter MiniLink") including any all services made available to you by Masaco, LLC ("Masaco") and https://minilink.io (hereinafter collectively the "Services"). Masaco is a Louisiana limited liability company with a principal address of 834 E. First Avenue, Covington, LA 70433 and a mailing address of 650 Poydras Street, Suite 2605, New Orleans, LA 70130. For questions, please contact [email protected] These General Terms and Conditions govern all uses of the Services and by using the Services the CLIENT agrees to be bound by this Agreement. The CLIENT acknowledges that this Agreement may be amended from time to time and may be subject to other Agreements. If you do not agree to these General Terms and Conditions, then you may not use the Services.
By using the Services including information, domain, tools, features, software and functionality including content, updates and new releases, you agree to be bound by this Agreement. You may not use the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Masaco.
Masaco offers three types of Services offerings:
You can view the Masaco Privacy Policy here https://minilink.io/privacy. You agree to the applicable Privacy Statement, and any changes published by Masaco. You agree that Masaco may use and maintain your data according to Masaco’s Privacy Policy. You give Masaco permission to combine information you enter or upload via the Dashboard for the Services with that of other users. You acknowledge that you are permitting Masaco to provide your non-identifiable, aggregated data third party to improve the Dashboard and/or the Services, to design promotions, or for other purposes. Masaco may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
These General Terms and Conditions entered into between Masaco and CLIENT (hereinafter collectively referred to as "PARTIES") have the purpose of framing the rights and general obligations of the PARTIES in the context of the use of all the SERVICES offered via the Dashboard. These terms and conditions are supplemented and amended as applicable by:
Masaco provides URL shortening and link management services through its MiniLink suits of services. These services include creation and customization of shortened URL links for client use through a variety of business applications. In addition to creating, managing, and providing access to these shortened custom URLs, depending on the offering selected by clients, Masaco also provides certain additional services including access and analytics to certain data sets, detailed analytics, tags, click information, API, an interactive Dashboard for client access.
The source data that Masaco aggregates and organizes on your behalf as part of the Services is often controlled and maintained by third party service providers and internet marketing firms. Pursuant to this Agreement, you are explicitly granting Masaco full access to your data via these third party providers. In the event that you have any license agreement, non-disclosure agreement, or any other restrictive covenant in place with any third party provider you hereby explicitly represent that your disclosure of any data held by any third party to Masaco is in compliance with any and all contracts you may have in place with that provider(s).
You shall defend, indemnify and hold harmless Masaco and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, including but not limited to attorney’s fees, whether in tort, contract, or otherwise, that arise out of or relate in whole or in part to any breach of this Agreement or any activity by you in relation to the Services including but not limited to your disclosure of data of any kind to Masaco.
In the event any such claim arises, Masaco shall have exclusive choice of counsel in its defense.
You are granting Masaco certain rights as part of this Agreement. By submitting information, data, passwords, usernames, PINs and other login information, materials and other content to Masaco through the Services, you are licensing that content to Masaco for the purpose of providing the Services. Masaco may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Masaco for this purpose, without any obligation by Masaco to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Masaco to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. Masaco will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Masaco to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Masaco a limited power of attorney, and appoint Masaco as your attorney-in- fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MASACO IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, MASACO IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Masaco is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
The contents of the Services, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Masaco or its software or content suppliers. Masaco grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MASACO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
In using the Services, CLIENT shall:
In using the Services, CLIENT shall not:
THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. MASACO, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER MASACO OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MASACO OR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
MASACO SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SHORTENERED URLS, YOUR USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF MASACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MASACO’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Masaco may at any time, terminate its legal agreement with you and access to the Services:
You acknowledge and agree that Masaco may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Masaco shall not be liable to you or any third party for any termination of your access to the Services. This Agreement will remain in effect until terminated by either CLIENT or Masaco.
In the event of a termination of this Agreement by either Masaco or CLIENT, CLIENT understands and acknowledges that it will immediately surrender access to all information available via Masaco's Services.
This Agreement, and any question, dispute, or other matter related to or arising from this Agreement, will be governed by the laws of the State of Louisiana without regard to conflict of laws principles. Any action, claim, dispute, or controversy under this Agreement shall be commenced exclusively in the courts of the State of Louisiana or the federal courts of the United States of America located in such State, and the parties waive any objection they may now or hereafter have to the exclusive jurisdiction and venue of such courts over any such action, claim, dispute, or controversy.
Masaco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Masaco reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a user of the Premium Plan Services, Masaco will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Masaco shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. Masaco may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable,
Whenever the single number is used in this Agreement and when required by the context, the same shall include plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision of this Agreement. Each and all of the covenants, terms, provisions, and agreements in this Agreement contained shall be binding on and inure to the benefit of the parties and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors, and assigns. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of Masaco.
If you downloaded the Dashboard or any of the Services from the Mac App Store, the following terms also apply to you: