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Linktree Developer Terms and Conditions

Version no.1 dated 01 December 2022

These Linktree Developer Terms and Conditions (“Terms”) govern your access to and use of the Licensed Materials, and are designed to enable developers to create applications, services, link functionality, themes or other content that may be used in connection with the Linktree Service, and where applicable, publish such applications, services, link functionality, themes or other content on the Linktree Marketplace.

These Terms will form a binding agreement between you and Linktree Pty Ltd (“us” or “Linktree”) as of the date that you first use the Licensed Materials or where applicable, enter a Partner Agreement (whichever is earlier). By using the Licensed Materials and/or entering a Partner Agreement, you agree that you have read and agree to comply with, and be bound by, these Terms. In the event of any conflict between these Terms and a Partner Agreement, the terms of the Partner Agreement will take precedence to the extent of the conflict.

These Terms do not govern your access to and use of the Linktree Service, which is governed by the Linktree Terms and Conditions available at https://linktr.ee/s/terms/.

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1. Use Case Approval Process

1.1 Prior to any production use of Your Link App, or use or Integration of Licensed Materials on Your Platform (“Proposed Use Case”), you must submit your Proposed Use Case to the Use Case Approval Process, including:

  1. details of proposed functionality, use and purpose of the Proposed Use Case;
  2. all documentation required by the Use Case Approval Process (which will differ depending on the nature of the Proposed Use Case, but may include source code, information on security controls, End User terms and privacy policy, marketing collateral and Linktree Marketplace profile); and
  3. any other supporting information, materials or demonstrations required by Linktree,

for Linktree’s assessment (“Your Submission”). You warrant that the information you provide us in the Use Case Approval Process is complete, accurate and not misleading.

1.2 Linktree may approve Your Submission unconditionally or subject to conditions, or refuse Your Submission, acting reasonably.

1.3 If Linktree:

  1. refuses Your Submission, then it may in its sole discretion, provide reasons for such refusal, including any changes to Your Submission or the Proposed Use Case that it requires in order to approve Your Submission; or
  2. approves Your Submission, then:
    1. it will provide notice of approval, stating any conditions applicable to such approval;
    2. you will be permitted to use Your Link App or Your Platform (as applicable) with the relevant Licensed Materials in accordance with the Proposed Use Case as specified in Your Submission and any approval conditions (“Approved Use Case”); and
    3. where contemplated by the Approved Use Case, Linktree may publish Your Link App on the Linktree Marketplace in the form approved in Your Submission promptly after our approval of Your Submission, and subject to clause 3.

1.4 You must promptly apply for and obtain re-approval from Linktree if at any time:

  1. you wish to update, upgrade or modify Your Link App, or change the manner in which the Licensed Materials are used on or Integrated with Your Platform, in any material respect;
  2. you wish to use Your Link App or any Licensed Materials for any purpose other than as expressly permitted in the Approved Use Case; or
  3. Linktree otherwise requires,
    (“New Version Request”).

1.5 When submitting a New Version Request pursuant to clause 1.4 above, you must include all relevant details of the update(s) to Your Link App and/or Integration, including (without limitation) the impact of the update(s) on End Users’ use of Your Link App and whether End Users’ will be required to take any manual action to use the new version of Your Link App.

1.6 If Linktree refuses a New Version Request, then without limiting any other Linktree rights under these Terms, Linktree may:
suspend your access to the Licensed Materials; or

  1. remove the publication of Your Link App from the Linktree Marketplace,
    until such time as you obtain approval.
  2. Linktree may approve a New Version Request unconditionally or subject to conditions, including (without limitation) conditions which permit Linktree to host two versions of Your Link App concurrently for a period of time or to replace Your Link App with a new version of Your Link App at any time.

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2. Registration Process

2.1 In order to access and use the Developer Portal (following launch) you must follow the registration process available on the Developer Portal (“Registration Process”). You warrant that the information you provide us in the Registration Process is complete, accurate and not misleading. You consent to us collecting the information you provide us in the Registration Process in accordance with our Privacy Notice.

2.2 As part of the Registration Process, you will be issued with Access Credentials to access the Developer Portal. You must keep your Access Credentials confidential and secure, and not permit any third party to access the Developer Portal or the Licensed Materials using your Access Credentials. You are responsible and liable for the acts and omissions of any person that accesses the Developer Portal or the Licensed Materials using your Access Credentials as if those acts and omissions were your own.

2.3 You may not assign or transfer your registered account or the rights under these Terms to any other person without our prior written consent.

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3. Linktree Marketplace

3.1 If Your Link App is published on the Linktree Marketplace, then the terms of this clause 3 will apply.

3.2 You appoint Linktree as your agent for the limited purposes of publishing and marketing Your Link App on, and supplying Your Link App to End Users via, the Linktree Marketplace, and any activities associated with these purposes.

3.3 Each supply by Linktree of Your Link App to an End User will be unless otherwise expressly stated in the Approved Use Case or Partner Agreement (where applicable), subject to Your EULA.

  1. Unless otherwise expressly agreed in a Partner Agreement, you are solely responsible to End Users for Your Link App, including:
    1. support and maintenance of Your Link App;
    2. all claims and liabilities in connection with Your Link App.
    3. handling all End User support requests and complaints; and
  2. Unless expressly permitted by the Permitted Purpose, you must not:
    1. supply Your Link App directly to End Users other than pursuant to this clause 3; or
    2. charge End Users in connection with their use of Your Link App (which, to avoid doubt, does not preclude you from charging End Users for the supply of any other goods, services or applications unrelated to Your Link App).
  3. You acknowledge and agree that we may invite End Users to review or rate Your Link App, and that such reviews or ratings may be published on the Linktree Marketplace in a form and manner determined by Linktree in its sole discretion. If you have concerns regarding any review or rating of Your Link App published on the Linktree Marketplace, including any concerns relating to the compliance of such review or rating with law or Linktree’s policies, you may notify us via email or the Developer Portal (following launch).

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4. Linktree Intellectual Property Rights

4.1 All Intellectual Property Rights in and to the Licensed Materials and the Linktree Marketplace will remain vested in Linktree or its licensors.

4.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable licence during the Term to use the Licensed Materials to the extent required for you to:

  1. develop and operate Your Link App; and
  2. integrate Your Link App or Your Platform with any Licensed Materials,

for the purposes described in, and subject to any conditions, limitations, restrictions or requirements specified in, the applicable Licensed Materials Terms and Approved Use Case or Partner Agreement (where applicable) (“Permitted Purpose”). To the extent that there is any inconsistency between the purposes described in the applicable Licensed Materials Terms and the Approved Use Case or Partner Agreement, the purposes described in the Approved Use Case or Partner Agreement (where applicable) will prevail to the extent required to resolve the inconsistency. We are responsible for ensuring that we have all necessary rights and consents required in order to grant you the aforementioned licence.

4.3 You must not:

  1. use, display or publish any of the Linktree Marks without our prior written consent in connection with Your Link App or Your Content or otherwise;
  2. sublicense, assign or transfer your licence to the Licensed Materials to any third party;
  3. other than as expressly permitted by the Permitted Purpose, commercially exploit the Licensed Materials;
  4. disclose any of the Licensed Materials to any third party unless expressly permitted by the Permitted Purpose;
  5. use the Licensed Materials in a manner that infringes law or the rights of any person (including Intellectual Property Rights);
  6. reverse engineer, or attempt to extract source code from the Licensed Materials, the Linktree Service, the Linktree Marketplace or any associated software, servers or networks; or
  7. interfere with, disrupt or harm the Licensed Materials, the Linktree Service, the Linktree Marketplace or any associated software, servers or networks, including by introducing any Virus.

4.4 If Linktree grants written consent to your use of the Linktree Marks, you must comply with Linktree’s current brand guidelines made available on the Developer Portal or otherwise by Linktree in respect of such use.

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5. Your Intellectual Property Rights

5.1 All Intellectual Property Rights in and to Your IP will remain vested in you or your licensors.

5.2 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable, and worldwide licence to use Your IP:

  1. as required during the Term to give effect to and perform the activities contemplated by these Terms and the Partner Agreement (where applicable), including as reasonably necessary for us to continue to supply, maintain, and improve the Linktree Service; and
  2. for marketing and promotional purposes in any media, including (without limitation) on our website, email and social media channels.

5.3 You agree that our use of Your IP may involve linking to, copying, modifying, translating, distributing, or publishing (including on the Linktree Service, Linktree Marketplace or in our marketing) Your IP. You are responsible for ensuring that you have all necessary rights and consents required in order to grant us the aforementioned licence.

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6. Your Obligations

6.1 Unless otherwise agreed in a Partner Agreement, you will, as applicable depending on the Approved Use Case:

  1. create Your Link App; and/or
  2. create and integrate the Linktree Share Button into Your Platform and publish and display the Linktree Share Button prominently on Your Platform; and/or
  3. Integrate the Licensed Materials on Your Platform,

in accordance with the Developer Tools and submit your implementation(s) to Linktree for prior approval and review before going live. You will update the implementation(s) to reflect any updates in the Developer Tools that result in Breaking Changes from time-to-time or where Linktree reasonably requests as a result of increased functionality being available, and you will resubmit Your Link App, Linktree Share Button and/or Integration for review and approval by Linktree following any such updates.

6.2 You must ensure that Your Link App, Your Platform and Your Content:

  1. does not infringe law or the rights of any person (including Intellectual Property Rights);
  2. does not contain, promote, or Process any data or content that could be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred or discriminatory;
  3. does not contain, promote, or Process any data or content that is misleading or deceptive, or that is intended to misinform or deceive;
    does not contain any Viruses; and
  4. will not bring Linktree into disrepute.

6.3 You must:

  1. in performing your obligations under these Terms, comply with all applicable laws, including, without limitation, all Privacy Laws and laws related to “spamming”;
  2. not make any comment or statement that in our reasonable opinion, disparages or has the potential to damage Linktree’s reputation;
  3. provide your name, logo(s), description of services, any company performance claims and other intellectual property or information that we reasonably request to use on the Linktree Service;
  4. unless otherwise agreed in the relevant Approved Use Case or Partner Agreement, enter into written agreements with End Users of Your Link App that contain terms consistent with these Terms, including your obligations under clause 6.2 (“Your EULA”); and
  5. establish appropriate processes and systems designed to assess and remove any content submitted by your End Users that would contravene clause 6.2.

6.4 If you intend to discontinue the supply of Your Link App, you must:

  1. give Linktree as much prior written notice of the discontinuance as is reasonably practicable;
  2. cease using the Licensed Materials; and
  3. cooperate with Linktree to coordinate any publication or messaging of the discontinuance to End Users, and without prejudice to clause 10.1 or 10.2, obtain Linktree’s prior approval of such publication or messaging.

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7. Linktree’s Obligations

7.1 Linktree will, in addition to any obligations under the Partner Agreement (where applicable):

  1. provide you with access to the Developer Portal after launch. You acknowledge and agree that the Developer Portal is not yet live and no guarantee is made as to the launch date;
  2. provide you with access to such of the Developer Tools that are necessary for you to comply with your obligations under these Terms. Linktree may also make available such other Licensed Materials as are developed and available on the Developer Portal during the Term; and
  3. not make any comment or statement that in your reasonable opinion, disparages or has the potential to damage your reputation.

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8. Fees

8.1 Linktree may charge fees for your participation in the Developer Program upon prior written notice. Linktree will aim to notify you at least 1 month beforehand via a notification on the Developer Portal or by email.

8.2 Linktree may (but is not obligated to) calculate and charge fees by reference to revenue generated by you from activities such as:

  1. Linktree users signing up to your services;
  2. Linktree users purchasing any product on Your Platform; and/or
  3. the sales of any products or services within Your Link App that are sold through the Linktree Service.

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9. Confidentiality

9.1 Subject to clause 9.2, each party (“Recipient”) that receives Confidential Information of the other party (“Discloser”) must:

  1. treat as strictly confidential and use the Discloser’s Confidential Information solely for the purposes contemplated by these Terms. The Recipient may disclose Confidential Information of the Discloser to its employees, contractors or professional advisors who:
  2. have a need to know (and only to the extent that each has a need to know) the Confidential Information for the purposes of these Terms; and
  3. have been directed and have agreed to keep confidential the Confidential Information on terms consistent with these Terms;
  4. take all reasonable steps to secure and keep secure all of the Discloser’s Confidential Information coming into its possession or control; and
  5. not, without the prior written consent of the Discloser, publish, use or otherwise disclose to any person the Discloser’s Confidential Information except for the purposes contemplated by these Terms.

9.2 The obligations of confidentiality under clause 9.1 will not apply to information that:

  1. is or becomes publicly known (other than as a result of a breach of these confidentiality obligations by a party);
  2. was lawfully received by the other party independently from a third party free to disclose such information; or
  3. is required to be disclosed pursuant to applicable law or the rules of any recognised securities exchange, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the Discloser of the Confidential Information as to the form and content of the disclosure; and
  4. survive termination or expiry of these Terms.

9.3 Without limiting this clause 9, you agree that all information, content and Intellectual Property Rights that Linktree shares with or makes accessible to you under these Terms:

  1. is “Confidential Information” for the purpose of these Terms;
  2. may only be disclosed or used by you for the Permitted Purpose; and
  3. without limiting the above, must not be used or disclosed by you to develop or supply any product, service or offering that may act as a substitute or alternative to, or that otherwise competes with, the Linktree Service or or any of the products or services provided through the Linktree Service.

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10. Publicity and Marketing

10.1 You must not register or purchase pay-per-click advertising keywords (including Google Ads), trade marks, email addresses, domain names, or URLs that use the Linktree Marks or any terms that may be confusingly similar to the Linktree Marks.

10.2 You must not make any public announcement or do any public marketing regarding the Developer Program and/or Your Link App or use or Integration of Licensed Materials on Your Platform without Linktree’s prior written consent.

10.3 You agree that we may:

  1. use the functionality of Your Link App or the profile of Your Link App on the Linktree Marketplace or on Linktree User Profiles in our marketing materials; and
  2. communicate directly with End Users in relation to Your Link App subject to Linktree’s compliance with Privacy Laws.

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11. Privacy

11.1 Subject to clause 11.2, if you receive any Linktree Content that contains Personal Data in connection with these Terms, including via any Integration of Your Link App or Your Platform with the Licensed Materials, then you will be a “data controller” for such Personal Data and you must:

  1. ensure that you have given all notifications to, and obtained all consents from, relevant data subjects required in order for you to Process such Personal Data in accordance with all applicable Privacy Laws;
  2. implement and maintain a privacy policy that complies with all applicable Privacy Laws, and only Process such Personal Data in accordance with that privacy policy; and
  3. unless expressly permitted by the Permitted Purpose, not sell such Personal Data, or any insights derived from such Personal Data, or use such Personal Data for lead generation.

11.2 If the applicable Licensed Materials Terms or Approved Use Case contemplates that you will act as a “data processor”, as that term is defined under applicable Privacy Laws, then clause 11.1 will not apply and you must comply with the Data Processing Agreement and Standard Contractual Clauses provided by Linktree.

11.3 If you provide or submit any of Your Content to us that contains Personal Data, including via any Integration of Your Link App or Your Platform with the Licensed Materials, you are responsible for giving all notifications to, and obtaining all consents from, relevant data subjects required for us to Process such Personal Data in accordance with all applicable Privacy Laws and our Privacy Notice.

11.4 You must implement and maintain reasonable technical and organisational security measures and controls to ensure that any data or content Processed by Your Link App or Your Platform (including Linktree Content and Your Content, and any Personal Data comprised in such data), is secure from Data Breaches.

11.5 If you become aware of any actual or suspected Data Breach affecting any Personal Data comprised within Linktree Content, you must:

  1. notify us immediately in writing and disclose in such notice all information relevant to the actual or suspected Data Breach (including any Personal Data affected);
  2. take all reasonable actions to investigate, remediate and assess the actual or suspected Data Breach, and comply with any of our reasonable directions in respect of such actions; and
  3. provide all notifications to data subjects and regulators as required under applicable Privacy Laws, provided that you must not refer to Linktree in any such notification unless we give prior written approval of the notification.

11.6 Unless specifically permitted by the Permitted Purpose, Your Content must not contain any ‘special categories or information’, ‘sensitive information’ or similar types of information that are regulated to a higher standard than general Personal Data under any applicable Privacy Laws, including but not limited information relating to a person’s health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation, or genetic or biometric characteristics.

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12. Disclaimer, Liability and Indemnity

12.1 The Licensed Materials are provided on an “as-is” and “as available” basis, and without warranties of any kind whether express or implied. Without limiting the foregoing, we make no warranties that the Licensed Materials:

  1. will be uninterrupted, error-free, secure or available at any particular time or location;
  2. are free of Viruses, harmful components, errors or defects, or will be supported so as to remediate any such Viruses, harmful components, errors or defects;
  3. are accurate, reliable, suitable, or fit for any purpose; or
  4. will meet your requirements.

12.2 Without limiting clause 12.1:

  1. any reliance you place on the Licensed Materials is strictly at your own risk; and
  2. we may make changes to the Licensed Materials and Developer Portal from time to time, and we will use reasonable endeavours to provide you with notice of any Breaking Changes, but we accept no responsibility for any costs, expenses or liabilities you may suffer or incur as a result of such changes, including any Breaking Changes.

12.3 Neither party is liable to the other for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.

12.4 In no event will our liability to you under or in connection with these Terms exceed $1,000 US dollars. This limitation applies regardless of whether your claim against us is based on contract, tort (including negligence) or otherwise.

12.5 You will indemnify and hold us and our subsidiaries, affiliates and licensors (those indemnified) harmless against any loss, liability or damage suffered or incurred by those indemnified, and any claim by a third party (including End Users) made against those indemnified arising in connection with:

  1. your use of the Licensed Materials;
  2. Your IP;
  3. your breach of these Terms; and
  4. your breach of any applicable laws, including Privacy Laws.

12.6 These Terms apply to the maximum extent permitted by law. Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under any law, which may not be excluded, restricted or modified by agreement. If these Terms are governed by the Australian Consumer Law and you are a “consumer” for the purpose of this law, our liability to you for failure to comply with a consumer guarantee in respect of any services is limited to the re-supply of the services or payment in lieu of such re-supply.

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13. Term, Termination and Suspension

13.1 If you are a Managed Partner, these Terms will continue in effect during the term of a Partner Agreement, unless terminated earlier in accordance with the Partner Agreement or clauses 13.3 or 13.5. To avoid doubt, these Terms will automatically terminate upon termination or expiry of the Partner Agreement.

13.2 If you are not a Managed Partner, these Terms will continue in effect unless terminated in accordance with clauses 13.3 or 13.4.

13.3 Linktree may terminate or suspend a Partner Agreement and/or these Terms and/or your licence to the Licensed Materials at any time and for any reason upon 30 days prior written notice.

13.4 You may terminate these Terms at any time by complying with clause 6.4.

13.5 Without affecting any other right or remedy available to it, either party may terminate a Partner Agreement and/or these Terms by giving written notice to the other party:

  1. with immediate effect if the other party is in material breach (being a breach that is seriousness enough in the widest sense of having a serious effect on the benefit that the terminating party would otherwise have derived from the Partner Agreement or these Terms) of the Partner Agreement and/or these Terms, and such breach is not remediable, or if the breach is remediable, and such breach is not rectified within 5 business days of being identified;
  2. with immediate effect if the other party:
    1. is insolvent, as defined under section 95A of the Corporations Act 2001 (Cth) or is otherwise unable to pay its debts as they fall due;
    2. appoints a liquidator, administrator, controller, or receiver, or an application is made to wind up the company, or to declare that party bankrupt; or
    3. ceases to carry on business or threatens to do so.

13.6 Upon termination of a Partner Agreement and/or these Terms:

  1. you must cease using the Licensed Materials and disable any Integration of the Licensed Materials (other than any Personal Data that you may lawfully continue to Process under your privacy policy); and
  2. each party must immediately permanently destroy all Confidential Information of the other party; and
  3. Linktree will disable Your Link App and any of your Integrations with the Linktree Service.

13.7 Upon termination, clauses which by their nature are intended to continue to apply will continue indefinitely, including but not limited to clauses 4.1, 5, 9, 10, 12 and 16.

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14. Open Source Software

14.1 The Licensed Materials Terms may specify certain components of the APIs that are licensed under open source licences. If such open source licence terms expressly restrict the licensing of such components on other terms, the terms of the open source licence will apply to your access and use of those components, and will take priority over these Terms to the extent of any inconsistency.

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15. Force Majeure Event

15.1 Neither party will be in breach of these Terms or be liable to the other party for any loss incurred by that other party as a direct result of a party (“Affected Party”) failing or being prevented, hindered or delayed in the performance of its obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

15.2 If a Force Majeure Event occurs, the Affected Party must notify the other party (“Non-affected Party”) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay. If the delay due to the Force Majeure Event continues for 30 days, the Non-affected Party may terminate these Terms immediately on providing notice to the Affected Party.

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16. General

16.1 Acknowledgement: You acknowledge and agree that these Terms are non-exclusive, and do not prevent Linktree from developing, publishing, selling and distributing applications, services or products the same or similar to Your Link App, Your Platforms or any other applications, services or products, or working with third parties who may compete with you.

16.2 Expenses: Each party will be responsible for its own expenses in relation to these Terms and the performance of its obligations.

16.3 Amendment: We may amend these Terms from time to time by updating this page. Your continued use of the Licensed Materials constitutes acceptance of such amendments. If you do not agree to the amendments, you must immediately stop using the Licensed Materials and notify us of your election to terminate in accordance with clause 13.4.

16.4 Exclusion of other terms: To avoid doubt, any of your terms or policies that are generally applicable to a person’s (including any End User’s) access to or use of Your Link App, Your Platform or Your Content are expressly excluded and will not bind us in respect of our access to and use of Your Link App, Your Platform and Your Content as contemplated by these Terms.

16.5 Entire agreement: These Terms, together with the Partner Agreement (where applicable), represent the entire agreement between you and us concerning its subject matter. All implied terms are expressly excluded except those implied by statute that cannot be expressly excluded.

16.6 Notices: We may deliver any notice or communication contemplated by these Terms to you by posting on the Developer Portal or via the email address you provide us during the Registration Process or in a Partner Agreement. You may deliver any notice or communication contemplated by these Terms to us by sending an email to API@linktr.ee or where applicable, to the Linktree contact set out in the Partner Agreement.

16.7 Waiver: Linktree’s failure to enforce any provision of these Terms will not be deemed a waiver of our ability to enforce the same provision of these Terms at a future date. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out therein.

16.8 Severability: If any provision of these Terms is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and to the extent it is not valid, then it will be severed from these Terms and the remainder of these Terms will continue to apply with such amendments as are strictly necessary to reflect the severance.

16.9 Relationship of the parties: The parties are and will remain independent contractors. Nothing in these Terms will be construed to create an agency, joint venture, partnership or other relationship between the parties, and you must not:

  1. misrepresent to any person your relationship with us, including by representing that you are acting on our behalf; or
  2. make any representations, guarantees or warranties on our behalf or in relation to the Licensed Materials or Linktree Service, or purport to bind us to any contractual obligations to any person.

16.10 Governing law and jurisdiction: These Terms and the Partner Agreement (where applicable) are governed by the law in force in Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms or the Partner Agreement.

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17. Definitions and Interpretation

17.1 Definitions

The meaning of capitalised terms used in these Terms are set out below.

  • Access Credentials— The access credentials created during the Registration Process that allow you to access the Developer Portal.
  • API— The application programming interfaces developed and made accessible by Linktree on the Developer Portal or otherwise, and any associated documentation or software.
  • Approved Use Case— Has the meaning set out in clause 1(c).
  • Australian Consumer Law— The Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Partner Agreement– The Partnership Agreement, between Linktree and you, which incorporates these Terms.
  • Breaking Changes— Any changes to the Licensed Materials that may break Your Link App’s Integration with the relevant Licensed Materials.
  • Confidential Information— Any information that is marked, designated or that a reasonable person would consider is confidential, and includes the Licensed Materials and any other non-public information relating to our business or affairs.
  • Data Breach— A breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, data or content transmitted, stored or otherwise Processed by you.
  • Data Processing Agreement— The Linktree data processing agreement, as amended from time to time by Linktree, available upon request.
  • Developer Portal— The Developer Portal which Linktree intends to launch at a future date, at such URL as Linktree shall communicate.
  • Developer Tools— The software development kits (“SDKS”), plugins, frameworks, and other developer tools and associated documentation provided or made available by Linktree from time to time, to enable or assist you to develop Your Link App or use the Licensed Materials.
  • End Users— The end users of Your Link App or Your Content.
  • Force Majeure Event— Includes acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war; fire or explosion; and any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause.
  • Integrate or Integration— In respect of Your Link App or Your Platform, any integration or interfacing with, or hosting, execution or Processing of, Licensed Material.
  • Intellectual Property Rights— All industrial and intellectual property rights throughout the world, including all copyright and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.
  • Linktree Marketplace— The marketplace made available by Linktree under which Linktree and third party developer apps are made available (including for purchase) to users of the Linktree Service and other third parties.
  • Licensed Materials— The APIs, Developer Tools, Developer Portal and Linktree Content that Linktree makes available to you.
  • Licensed Materials Terms— The further terms applicable to specific Licensed Materials as published by us on the Developer Portal or otherwise made available by us to you from time to time.
  • Linktree Content— All Developer Tools, content, data, documentation, code, materials, interfaces, configurations and any other information:
    • provided or made accessible to you by us, whether on the Developer Portal, via the APIs or by any other means; and
    • Personal Data collected by Linktree under and in accordance with our Privacy Notice, regardless of whether such Personal Data was provided by you or on your behalf, including via the APIs or Developer Portal.
  • Linktree Marks— The registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin used by Linktree, our subsidiaries, affiliates and licensors.
  • Linktree Service— The link-in-bio and content service available at www.linktr.ee that enables creators to direct their audiences to their most recent and relevant content.
  • Linktree Share Button— Means a button which enables your End Users to add their content from Your Platform (via a link) directly to their Linktree User Profile.
  • Linktree User Profiles— Means the pages that Linktree users are able to create using the Linktree Service.
  • Managed Partner— Means an entity that has entered into a Partner Agreement with Linktree.
  • Permitted Purpose— Has the meaning given in clause 4.2.
  • Personal Data— Has the meaning given to it under our Privacy Notice.
  • Privacy Laws— Any applicable law governing the Processing of Personal Data by a party in connection with this Agreement, which may include the Privacy Act 1988 (Cth), General Data Protection Regulation (EU) 2016/679, UK Data Protection Act 2018 (“DPA”), UK General Data Protection Regulation as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, the Privacy and Electronic Communications Regulations 2003, and California Consumer Privacy Act (2018).
  • Privacy Notice— The Linktree privacy policy available at /s/privacy and /s/about/trust-center
  • Process— In respect of data or information, to perform any operation or set of operations, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • Proposed Use Case— Has the meaning given in clause 1.1.
  • Registration Process— Has the meaning set out in clause 2.1.
  • Standard Contractual Clauses— The Linktree standard contractual clauses, as amended from time to time by Linktree, available upon request.
  • Use Case Approval Process— The process for obtaining approval for Your Link App as made available by Linktree from time to time (including in the future, via the Developer Portal).
  • Virus— Viruses, or any other software or computer code designed to corrupt, interrupt, destroy, or limit the functionality of any computer software, hardware or any other associated equipment.
  • Your Link App— Any application, service, link functionality, theme or other content developed by you in connection with these Terms for publication on the Linktree Marketplace and/or Your Platform, and which Linktree users can add to their Linktree User Profiles to enable them to embed content from or integrate with your service.
  • Your Content— Any content, data or information provided by you or on your behalf to us in connection with these Terms, including via the APIs or Developer Portal, but excluding Linktree Content.
  • Your EULA— Has the meaning set out in clause 6.3.
  • Your IP— Your Link App, Your Platform, Your Content and Your Marks.
  • Your Marks— The registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin used in your business.
  • Your Platform— The website and information technology platforms, including any associated applications, on which you make products and/or services (which may include Your Link App) available to End Users.
  • Your Submission— Has the meaning set out in clause 1.1.

17.2 Interpretation

In these Terms:

  1. headings in bold type are for convenience only and do not affect the interpretation of these terms and conditions;
  2. the words “include” or “for example” or similar expressions do not limit what else is included.
  3. a reference to:
    1. the singular includes the plural and vice versa;
    2. a gender includes all genders;
    3. a person includes an individual, corporation or other body corporate, partnership, trust, joint venture, unincorporated body, government agency or other entity, whether or not it is a separate legal entity; and
  4. a reference to any legislation, regulations, binding directions issued by government agencies, mandatory codes of conduct, or similar, includes all delegated instruments made under them and any amendments, consolidations, replacements or re-enactments of any of them.

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