Terms and Conditions

1. DEFINITIONS

1.1. Capitalized terms used in these Terms and Conditions shall have the following meaning:
  1. ‘Account’ means the holder of personalized credentials to log in to LinkBiz, provided by Glickon to the Client after purchase of the Service;
  2. ‘Client’ means the company or other legal entity that accepts to be bound by these T&C and undertakes all relevant obligations for the use of the Service;
  3. Client’s Representative means the natural person duly authorized to agree to these T&C on behalf of the Client;
  4. ‘Contact Person’ means the natural person identified by the Client for the purpose of receiving Client’s Account login credentials and to whom all official communications will be addressed by Glickon;
  5. ‘Content’ means and includes, but is not limited to, any information, texts, graphics, data, videos, files, images or any other kind of online materials linked, uploaded, posted, stored, shared and/or otherwise made available by or on behalf of the Client, under its sole and exclusive responsibility, on the Client’s LinkBiz Page;
  6. ‘End users’ means any person or legal entity with whom/which the Client shares, through Service, some links allowing to access to the Client Contents;
  7. ‘Fee’ means the amount owed by the Client to Glickon for the use of the Service without any Trial version limitation (‘Full Service’), in accordance with these T&C;
  8. ‘Glickon’ or ‘We/us/our’ means Glickon S.r.l., a company duly incorporated under the laws of Italy, with registered office in Milan, via Nino Bixio 7, VAT number/registration number in Milan’s commercial register 0857382096;
  9. ‘Glickon Services’ means Glickon’s services and products described at the following link;
  10. ‘LinkBiz’ or ‘Service’ means the service provided by Glickon to the Client through the website www.link.biz, according to these T&C;
  11. ‘LinkBiz Page’ means the Client’s own reserved area on LinkBiz, where all Contents will be uploaded and linked before being shared by the Client with its target audience;
  12. ‘Privacy Policy’ means the means LinkBiz Privacy policy, available and from time to time updated by Glickon at the following link, which shall form a substantial and integral part of these T&C;
  13. ‘T&C’ or ‘Terms’ means these terms and conditions, which govern the provision of the Service by Glickon to the Client. The T&C shall constitute the commercial and binding agreement between Glickon and the Client (individually a ‘Party’ and together the ‘Parties’);
  14. ‘Trial Version’ means a predetermined period during which the Client will be allowed to use a limited version of the Service, without paying any Fee.

2. ACCEPTANCE

2.1. By accessing or using the Service, the Client:
  1. agrees to be bound by these T&C without any condition or limitation. If the Client disagrees with any part of these Terms, it cannot access and use the Service;
  2. represents not be qualifiable as a ‘consumer’ according to applicable laws and warrants that it will use the Service in its exclusive quality as ‘trader’, for business purposes, under consumers’ protection laws;
  3. commits to comply with the obligations laid down in these Terms.
2.2. The Client’s Representative who accepts the T&C on behalf of the Client represents and warrants:
  1. to be at least 18 years old and to be legally capable of entering into a binding contract pursuant to his/her country’s national applicable legislation. In case of failure by the Client’s Representative to fulfil these conditions, Glickon shall not be bound by the agreement stipulated with the Client according to these Terms;
  2. to have the authority to bind the Client to these T&C;
2.3. Should any clause of the Terms be inconsistent with any mandatory laws or regulation applicable in the jurisdiction where the Service is used by the Client, those laws and regulations will prevail to the extent of the inconsistency.

3. PROVISION OF THE SERVICE

3.1. Subject to the payment of the Fee in case of Full Service, Glickon will provide the Client with the Service, upon registration to LinkBiz and consequent acceptance of these T&C by the Client.
3.2. The Service will enable the Client to create and post Contents on its LinkBiz Page and then, once the Contents are activated, share them with its end users through a personalized link, under the Client’s sole and exclusive liability.
3.3. The Client shall pay to Glickon the Fee set forth in Article 6 below for the use of the Full Service. Glickon reserves the right to suspend the provision of the Full Service, if the Client fails to fulfil its obligation to pay the Fee.
3.4. The Client shall use the Service and upload Contents to LinkBiz in accordance with and to the extent permitted by these Terms and any applicable legislation.

4. CLIENT’S ACCOUNT

4.1 The Client must register and create its own Account on LinkBiz to use the Service, both under Trial Version or Full Service. The Client must provide accurate and up-to-date information when creating its own Account and commits to update, whenever needed, any details and other information provided to Glickon in connection with its registration to the Service.
4.2 The Client is solely responsible for safeguarding its password and undertakes to maintain the secrecy and not to publish, disseminate or in any other way make known or available to third parties the credentials it uses to access the Service.
4.3 The Client shall be fully responsible for any activities relating to or carried out through its own Account, password or LinkBiz Page including, but not limited to, uploading and sharing Contents and links.
4.4 When registering, the Client must choose an appropriate name associated with its own Account and not use the name of other brands, entities, organizations, persons (such as the name of well-known personalities), or names that are not lawfully available for use, or a trade name that is subject to any rights of other entities or persons, or a name that is offensive, vulgar, or obscene. Glickon reserves the right to require the Client to change its username on LinkBiz, should we deem, in our discretion, that it may violate the above requirements. Should the Client refuse to fulfil this request, Glickon may suspend or cancel its Account.
4.5 The Client shall notify Glickon immediately upon becoming aware of any breach of security or unauthorised use of its own Account.
4.6 The Client must not use its Account, or allow it to be used, in any manner which may (in our sole opinion) cause damage to or impair the Service or Glickon’s reputation or infringe or violate any third party rights or any applicable laws or regulations.
4.7 Unless prior expressly authorized by Glickon, the Client is expressly forbidden to extend the use of its own Account for the access and use of the Service to any third parties, even when belonging to the same company group of the Client, which have no agreement in place with Glickon under these Terms. We are entitled to suspend or terminate the agreement made with the Client according to the T&C in case of breach of the obligation above.
4.8 The Client may at any time close its own Account from its LinkBiz Page, bearing in mind that, in this event, we will not be able to reactivate the same Account and to retrieve any of the Contents that were posted on its LinkBiz Page.

5. TRIAL VERSION

5.1. The duration of the Trial Version starts when the Client accepts these Terms by registering to LinkBiz.
5.2. The Trial Version is free and non-renewable for each Client. We reserve the right to suspend the Service in the event that the Client has activated or attempted to activate multiple Trial Versions from the same IP address.
5.3. The duration of the Service and the number of Contents which can be uploaded by the Client in its LinkBiz Page under the Trial Version are limited, as from time to time established by Glickon in its sole discretion.
5.4. The use of the Trial Version shall not exempt the Client from complying with the T&C and all the obligations set forth therein.

6. FULL SERVICE AND APPLICABLE FEES

6.1. In case of selection of the Full Service, the agreed Fees will be become applicable and due by the Client to Glickon on a monthly or annual basis (‘Payment Plan’), as agreed between the Parties. The Payment Plan will begin when the Client selects the Full Service option during the registration procedure and accepts to be bound by these Terms or upon renewal as per Article 6.2, and will continue until the Client stops or terminates the Full Service or cancels its Account for any reason set out by the T&C.
6.2. At the end of each billing cycle, the Payment Plan will automatically renew, unless the Full Service is terminated by the Client or by Glickon as permitted under by the T&C.
6.3. The Client shall pay to Glickon the Fees owed for the entire duration of the agreed Payment Plan. For the avoidance of doubt, no reimbursement shall be due and paid by Glickon in the event that the Client has not used the Full Service for the entire duration of the Payment Plan, once it is started.
6.4. During registration or later, upon activation or renewal of the Full Service, the Client will be required to provide additional information including a valid payment method and accurate and complete billing information needed to enable us to invoice the Fees. By submitting such payment information, the Client authorizes Glickon to charge all applicable Fees incurred for the use of the Full Service. Unless otherwise stated by Glickon, all the invoiced Fees are inclusive of transactional taxes and the Client is solely responsible for paying all other external fees and taxes deriving from the use of the Full Service.
6.5. Without prejudice to Article 3.3 above, Glickon reserves the right to terminate the agreement with the Client under these T&C should the payment of the accrued Fees owed to Glickon not be made, for any reason, after 30 days from receiving a written payment request from us.
6.6. Glickon may at its sole discretion apply lower Fees should the Client agree to bundle offers including, in addition to the Full Service, one or more other Glickon Services.

7. CONTENTS

7.1. The Client shall bear any and all responsibility for the Contents on its LinkBiz Page, including for their lawfulness, reliability and appropriateness. In the event that any third party owns any of the Content, the Client must ensure to have all rights, authorizations and licenses needed to upload and make available that Content on its LinkBiz Page.
7.2. By posting Contents through the Service, the Client automatically grants Glickon the right and license to use, publicly display and distribute such Content on and through LinkBiz and further confirms to have all third parties’ rights and licenses necessary to post each Content.
7.3. The Client represents and warrants in particular, but not limited to:
  1. to own all of the Contents, or to have the right to use such Contents and to grant Glickon the rights and license as provided above;
  2. that posting of its Contents on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
  3. the Content will not cause the Client or Glickon to breach any law, regulation, rule, code or other legal obligation;
  4. the Content will not be misleading or deceptive, or be intended or designed to misinform the Client’s end users, or obscene, inappropriate, defamatory, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or any privacy and data protection requirements;
  5. the Content will not constitute or include endorsements of any illegal product or service;
  6. the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;
  7. the Content will not cause any direct or indirect harm to Glickon and its directors, employees and contractors and to Glickon’s image and reputation.
7.4. The Client shall therefore be directly and exclusively liable for any violation of Articles 7.1 and 7.2 and for any infringement of rights, including third parties’ intellectual property rights, connected with or arising from the Contents posted on or through its LinkBiz Page, and therefore expressly agrees to indemnify and hold Glickon fully harmless from and against any and all liabilities, damages, claims, complaints, legal actions and costs incurred (including legal fees) arising from any such violation or infringement.
7.5. Furthermore, the Client acknowledges and agrees that:
  1. Glickon will not, nor has any obligation to, carry out any preventive verification or subsequent control on the Contents posted by the Client through the Service;
  2. Glickon shall not be responsible for any violation of laws, legal obligations and rights, including third parties’ rights, or for any damage related to the Client’s Contents. Notwithstanding this, Glickon reserves the right to modify or remove at any time any Content posted by the Client in breach of the obligations set forth in this Art. 7, upon notification made or claim brought by any end user or third party;
  3. all Contents uploaded through LinkBiz will be publicly available for the Client’s end users, and that the Client will bear all risks and responsibilities of such public disclosure.
7.6. Nothing in these Terms and no activity carried out by Glickon for the purpose of providing the Service to the Client shall constitute or be deemed as a direct or indirect endorsement or recommendation by us of any Content uploaded by the Client, or any opinions, advice, statements, services, offers, or other information, content or service which may be accessed through such Content.
7.7. In the event that the Service is used by the Client to promote and advertise its own or third parties’ products and services for marketing purposes, the Client ensures that it will comply, under its sole responsibility, with any and all applicable privacy and data protection obligations in order to avoid any spamming and unsolicited communication activity (including among others multi-level marketing, chain letters, pyramid schemes and similar).
7.8. Should the Service be utilized by the Client to carry out any activity which is subject to specific laws or regulations (including but not limited to fundraising and crowdfunding, medical advertising, recruitment, offering e-commerce or information society services), the Client will be solely and exclusively responsible to comply with all applicable specific requirements.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The Client acknowledges and agrees that all intellectual property rights and titles connected to the LinkBiz Service, its features and functionalities, with the exception of the Contents uploaded by the Client, are and shall remain an exclusive property of Glickon and/or its licensors or assignees. No intellectual property rights are transferred to the Client, either directly or indirectly, due to the use of the Service.
8.2 After registration to the Service and subject to acceptance of these Terms, the Client is granted a limited, non-exclusive, revocable, non-transferable right to use LinkBiz to post and share Contents with its target audience. The Client acquires no implied license to copy or reconstruct in whole or in part any part, feature and functionality of the Services.
8.3 Glickon expressly reserves the right to suspend the provision of the Service whenever it has a well-founded suspicion that the activation and/or use of the Service is being carried out by or on behalf of the Client, or a third party with the consent of the Client, for illicit purposes, or in connection with any activity which is not permitted under these T&C.
8.4 By accepting these T&C, the Client grants Glickon the non-exclusive and non-transferable right to use the Client’s trademarks and/or logos for the exclusive purpose of providing the Service, and expressly authorizes Glickon to include the Client’s references in its own advertising materials and portfolio of works, solely in order to promote the LinkBiz Service. In any case, such authorization can be withdrawn at any time and the Client must be entitled to request the removal of its logos, name, trademarks and other distinctive signs on any paper or digital/web material produced by Glickon, with no cost or other burden on the part of the Client.

9. ACCEPTABLE USE

9.1 The Client is permitted to use the Service only as authorized by Glickon, in accordance with these T&C. In particular, but not limited to, the Client must not:
  1. make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from or create any derivative works of LinkBiz, or any of its features, functionalities, materials, graphics, files, tables or documentation (or any portion of these), or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Service;
  2. distribute, license, transfer, market, rent, lease or sell all or any part of the LinkBiz Service or any derivative works thereof, unless with the prior written authorization of Glickon;
  3. interfere with or attempt to interfere with the proper working of LinkBiz, disrupt the Service and its website or any networks connected to the Service, or bypass any measures used to prevent or restrict the access to the same;
  4. incorporate the Service or any portion of it into any other program or product, except as agreed with Glickon in writing;
  5. undertake, directly or indirectly, in quality as a developer, provider, consultant, contractor or any other role, even on behalf of third parties, any activities or services corresponding or similar to the LinkBiz Service, except prior authorized by Glickon in writing;
  6. use, or request others to use, automated scripts or other scraping tools to collect information from the Service, or otherwise interact with it;
  7. state or do anything giving the impression that any Content posted and/or shared by the Client directly comes from or is in any manner attributable to Glickon;
  8. include, post or upload any sexually explicit material, or intimidate or harass another person, or promote any form of violence or discrimination on or through any links on its LinkBiz Page;
  9. use or attempt to use another Client’s account, or use a false identity to register on LinkBiz;
  10. use or allow or authorize the use of the Service to upload, transmit, distribute, store, or otherwise make available:
    1. files that contain viruses, trojans, worms or other material that is malicious or technologically harmful;
    2. any third person’s private information or personal data, unless permitted by applicable privacy legislation;
    3. any material which infringes or is capable to infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
    4. any material which is defamatory of any person, or obscene, offensive or hateful;
    5. any material that would constitute or encourage for a criminal offence, dangerous activities or self-harm;
    6. any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
    7. any material that contains a threat of any kind, including threats of physical violence;
    8. any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
    9. any answers, responses, comments, opinions, analysis or recommendations that the Client is not properly licensed or authorized or otherwise qualified to provide;
    10. material that, in Glickon’s sole discretion, may expose Glickon, LinkBiz, other Clients or their end users to any harm or liability of any type.
9.2 The Client shall comply with any technical limitations on the Platform, without modifying this one and its processes or functions in any way.

10. PRIVACY AND DATA PROTECTION

10.1 The Client agrees that it shall act as data controller in connection with any activity carried out on its LinkBiz Page and by or through its LinkBiz account, including but not limited to posting and sharing any Contents, according to Regulation (EU) 2016/679 (‘GDPR’) and other applicable privacy legislation.
10.2 Glickon shall act as data controller solely in relation to the processing of the personal data provided by the Client during its registration to LinkBiz (e.g. name and surname of the Client’s Representative or Contact Person, or other duly empowered person, company name and corporate e-mail) or in connection with the payment process (e.g. credit card details, VAT number and billing address).
10.3 The Client represents and warrants that it complies, in relation to the processing of any data relating to or included in its Contents, or otherwise posted or made available on or through its LinkBiz Page, with all the obligations set forth by the European and national applicable privacy legislation, with particular but not limited reference to the requirement of transparency towards the data subjects and the verification of the existence of a suitable legal basis for each processing activity.
10.4 The Client is responsible for any violation of the applicable privacy and data protection laws which may arise from, or in any case be connected to, the processing carried out by the Client through its account on LinkBiz and undertakes to indemnify and hold Glickon and its directors, representatives and employees fully harmless from and against any damages, claims, requests for compensation, legal actions, sanctions, costs incurred (including reasonable legal fees) and more generally any liabilities that may arise directly or indirectly from such violations.

11. DISCLAIMER

11.1 The Client agrees that it will use LinkBiz at its sole and exclusive risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, up-time or availability, or implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11.2 Glickon does not warrant or represent that:
  1. the Service will function uninterrupted or securely;
  2. the Service will be available at any particular time or location;
  3. any errors or defects will be corrected;
  4. the Service is free of viruses or other harmful components;
  5. the results of using the Service will meet the Client’s requirements.
11.3 Glickon shall in no way be liable to the Client for the inability to use the Service, when such inability is determined by any reason not directly attributable to Glickon (by way of example, but not limited to, reasons due to the Client’s hardware and software configuration, or to the Internet connectivity offered by the Client’s providers).

12. THIRD PARTY SERVICES

12.1 The provision of the Service shall not constitute or be deemed to constitute an endorsement by Glickon of any third party’s product or service made available, linked or in any manner made accessible by the Client through LinkBiz.
12.2 Any third party’s service or product is subject to such third party’s terms and conditions that the Client must accept separately, under its sole responsibility.
12.3 Any reliance made by the Client on third parties’ service and products, as well as on any content, information, data or materials made available on or through such third parties’ services and products is at the Client’s sole risk.

13. LIMITATION OF LIABILITY

13.1 Without prejudice to any other disclaimer established in these Terms, Glickon shall not be liable:
  1. for any consequence that may arise or be in any case connected with the failure by the Client to comply with its obligations under these T&C or the applicable laws, or with any violation by the Client of third parties’ rights, in connection with the Service;
  2. for any damages, including but not limited to loss of data, profit or other economic loss, arising out from, or in any way related to, the Client’s use of the Service;
  3. for any consequence arising from, or related to, any improper or negligent use of the Service by the Client, or the Client’s failure to comply with the technical instructions provided by Glickon;
  4. for any service or activity carried out by third parties in connection with the Service;
  5. for any consequences arising from the lack of correctness and accuracy of the data provided by the Client in connection with the registration process, or however through its own LinkBiz account.
13.2 In all cases set forth above, the Client undertakes to defend, indemnify and hold Glickon fully harmless from and against any consequences and liabilities, such as but not limited to fines, damages, sanctions, claims for interests or compensations, actions and legal fees, arising from or in any way connected with Client’s actions or omissions.
13.3 The clauses under this Article 13 shall survive the termination of the agreement established between the Parties under these Terms.

14. TERMINATION

14.1 The Client may at any time request the termination of the Service, by deleting its own LinkBiz account. Article 6.3 shall apply.
14.2 Each Party may terminate the Service in the event of a serious breach by the other Party of any of its obligations under these T&C, if it fails to remedy such breach within 30 days from receiving a written request by the fulfilling Party, without prejudice to the latter’s right to claim for further damages.
14.3 Glickon is entitled to request at any time the termination of the agreement in force with the Client under these Terms, by sending a written notice to the latter, in the event that the Client violates any of the obligations set forth in Articles 4.7 and 9.1.
14.4 Termination shall in no way limit the right of either Party to pursue any other remedy available under the law.

15. MISCELLANEA

15.1 Entire agreement
These T&C constitute the entire agreement between the Parties relating to the LinkBiz Service and replace any and all prior or contemporaneous conditions, agreements or representations, whether oral or written, relating to the same matter.
15.2 Changes to the Service
The Client acknowledges that the Service and its functionalities may be from time to time modified, such as these T&C, at Glickon’s sole discretion. It is Client’s responsibility to regularly read these T&C to check whether any changes occurred.
15.3 Assignment
Any rights and obligations conferred to the Client under these Terms must not be assigned to any third party by the Client without the prior written authorization of Glickon.
15.4 Severability
Should any provision of these T&C be found or declared invalid or ineffective, such provision must be construed by the Parties, to the extent permitted by applicable law, so as to make it effective or otherwise be removed, without affecting the validity and enforceability of all the remaining provisions of these Terms.
15.5 Force Majeure
None of the Parties must be considered liable for any delay or failure to fulfil any of its obligations under these T&C when such delay or failure result from or is due to an event beyond the reasonable control of this Party, such as but not limited to war, acts of terrorism, rebellions, sabotage, pandemics, natural disasters, explosions, fires, strikes and prolonged suspension of transportation, telecommunications or power, provided that in a reasonably timely manner the Party suffering such event gives written notice to the other Party and makes reasonable efforts to reduce the delay or avoid the default.
15.6 Communications
Any communication to the Client relating to the T&C and the Service will be made and by Glickon through the Client’s LinkBiz Page or to the e-mail associated to the Client’s account, as provided during the registration process.

16. APPLICABLE LAW AND JURISDICTION

16.1 The agreement governed by these Terms is governed by Italian law.
16.2 Any dispute between the Parties relating to the interpretation, validity, execution and termination of any clause of the T&C or, more generally, the contractual relationship governed by these Terms, will be subject to the exclusive jurisdiction of the Court of Milan.