lynkr

Terms of Service

Legal terms governing your use of Lynkr's services

Last revised: May 17 2025

Introduction

These Terms of Service ("Terms") govern your access to and use of the Lynkr website, API, applications, and integration platform (collectively, the "Services") provided by LYNKR INC. ("Lynkr", "Company", "we", "us" or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such cases, "you" and "your" will refer to both you and that organization.

We may modify these Terms at any time. If we make changes, we will post the amended Terms on our website and update the "Last Revised" date above. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

Accounts and Registration

To access some features of our Services, you may be required to register for an account. When registering, you must provide accurate, current, and complete information about yourself as prompted by our registration forms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to immediately notify Lynkr of any unauthorized use of your account or any other breach of security. Lynkr will not be liable for any loss or damage arising from your failure to protect your account credentials.

Subscription and Payment Terms

Some of our Services require payment of fees. You agree to pay all fees in accordance with the fees, charges, and billing terms in effect at the time a fee is due and payable. Payment obligations are non-cancelable, and fees paid are non-refundable except as expressly provided in these Terms.

We reserve the right to modify our fees and billing methods at any time, provided that for subscription services, such changes will take effect only at the end of your current billing cycle. You are responsible for all applicable taxes, and we may collect such taxes along with your payment.

Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by Lynkr, its licensors, or other providers and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services, including our trademarks, logos, or other proprietary information. You may not copy, modify, create derivative works, publicly display, republish, or distribute any material from our Services without our prior written consent.

User Content and Conduct

You retain all rights to any content you submit, post, or display through our Services ("User Content"). By providing User Content, you grant Lynkr a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing and improving our Services.

You agree not to use the Services to:

  • Violate any applicable law or regulation
  • Infringe the intellectual property rights of any third party
  • Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or invasive of another's privacy
  • Attempt to gain unauthorized access to the Services or related systems or networks
  • Interfere with or disrupt the integrity or performance of the Services
  • Engage in any automated use of the Services, including scraping, data mining, or similar data gathering methods

Third-Party Integrations

The Services allow you to connect with third-party applications and services ("Partner Applications"). Lynkr is not responsible for the content, accuracy, policies, practices, or reliability of any Partner Applications. Your use of Partner Applications is subject to the respective terms and conditions of those third parties, and any exchange of data or other interaction between you and a third-party provider is solely between you and that provider.

You acknowledge that Lynkr may access, store, and transmit information from Partner Applications according to the authorization you provide through our Services and within the limits of our Privacy Policy.

Data Processing

To the extent Lynkr processes personal data on your behalf, we will do so in accordance with these Terms, our Privacy Policy, and applicable data protection laws. You represent and warrant that you have all necessary rights and consents to provide or make available personal data to Lynkr for processing.

You acknowledge that you are the data controller and Lynkr is the data processor with respect to any personal data processed through the Services. You are responsible for complying with all applicable privacy and data protection laws related to your collection and use of personal data.

Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LYNKR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT LYNKR WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LYNKR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL LYNKR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO LYNKR IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF LYNKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Lynkr, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your User Content
  • Your use of the Services
  • Your violation of any third party right, including without limitation any intellectual property right or privacy right

Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and Lynkr shall be brought exclusively in the courts located in the Province of Ontario, Canada, and you hereby accept and submit to the personal jurisdiction of those courts with respect to any legal actions or proceedings arising out of these Terms.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation under the ADR Institute of Canada Rules.

If the dispute is not resolved through mediation within 60 days of the commencement of the mediation, either party may commence legal proceedings in the courts of Ontario, Canada.

Force Majeure

Lynkr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, fire, natural disaster, pandemic, epidemic, power outages, internet disturbances, or acts of government.

General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lynkr regarding the Services and supersede all prior agreements and understandings.

Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Assignment. You may not assign these Terms without the prior written consent of Lynkr, but Lynkr may freely assign these Terms without restriction.

Notices. Any notices or other communications provided by Lynkr under these Terms will be given by posting to the Services or by email to the address you provide during registration.

Contact Information

If you have any questions about these Terms, please contact us at:

LYNKR INC.
3300 Sunningdale Gardens,
Oakville, Ontario, Canada
L6M 5K5
info@lynkr.ca