Terms of Service
Last updated: 20 October 2023.
Welcome to Acorn Links, an influencer marketing software service operated by Ephemeral.ai Ltd registered in England, UK under company number 11545663. By using our service, you agree to these terms of service ("TOS"):
Description of Service
"Service" refers to the influencer marketing software service provided by Acorn Links to its customers and users. This includes the use of Acorn Links's software and tools to track social media content, manage Shopify promo codes, and manage infleuncer relationships. The Service may also include technical support, updates, and any other features or functionality related to the influencer marketing software service.
"Site" refers any web pages operated by Acorn Links, including but not limited to web pages with URLs that begin with https://www.acornlinks.com and https://app.acornlinks.com. "Customer" or "Customers" refer to all users of the Acorn Links Service, regardless of whether they have paid for the Service. All users are subject to these terms of service, and by using the Service, users acknowledge that they have read, understood, and agree to be bound by these terms.
By accepting this TOS, connecting your social media account, or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
Service Availability and Use
We will make reasonable efforts to ensure that the Acorn Links Service is available at all times. However, we make no guarantees as to the availability or uptime of our Service, and we reserve the right to modify, suspend, or terminate the Service at any time for any reason without notice.
Limitation of Liability
To the extent permitted by applicable law, Acorn Links shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of our Service. Acorn Links shall not be liable for any damages arising out of or in connection with events outside of its control, including acts of God, natural disasters, or government actions. In any event, our liability to you or any third party shall be limited to the amount paid by you for the service during the preceding 60-day period.
We provide the Acorn Links Service on an "as is" and "as available" basis without any warranty of any kind, whether express, implied, or statutory. To the extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold Acorn Links and its affiliates, officers, directors, employees, agents, and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of the Acorn Links Service, your violation of these terms of Service, or your violation of any rights of a third party.
You may terminate your use of our Service at any time for any reason, but you will not be entitled to any refunds. Acorn Links may also terminate your access to the Service at any time for any reason without notice. Upon termination, you must cease all use of the Service and delete any Acorn Links data in your possession.
Intellectual Property Rights
All intellectual property rights related to the Acorn Links service, including its software and tools, are owned by Acorn Links and/or its licensors. Customers may not use, reproduce, or distribute any Acorn Links intellectual property without prior written consent from Acorn Links.
Responsibility for Your Content
You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you deliver, provide, or otherwise transmit or store in connection with or relating to the Acorn Links Service ("Your Content"). You acknowledge and agree that Acorn Links has no control over Your Content, and Acorn Links does not monitor, review, or endorse any of your Your Content. You further acknowledge and agree that Acorn Links may access, preserve, and disclose your Your Content and any other content and information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content or logs violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Acorn Links, its users, or the public.
Security and Responsibility for Your Content
You understand that the operation of the Acorn Links Service, including any content or data you upload to or transmit through the Service, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Acorn Links's third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of your content. Acorn Links will have no liability to you for any unauthorized access or use of any of your content, or any corruption, deletion, destruction, or loss of any of your content.
You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account. Acorn Links reserves the right to access your account in order to respond to your requests for technical support and to investigate suspicious activity.
Use of Your Content
Acorn Links reserves the right to use Your Content, your name, and/or your business name as a reference for marketing or promotional purposes on Acorn Links's website and in other communication with existing or potential Acorn Links customers. To decline Acorn Links this right, you must email firstname.lastname@example.org stating that you do not wish to be used as a reference.
You grant to us a perpetual, worldwide, non-exclusive, unrestricted, irrevocable, royalty-free license to use, post, print, publish, sell, copy, distribute, edit, make derivative works, and license others (including, but not limited to, customers and affiliated companies and collaborative partners) to use Your Content in any form or media, whether now existing or developed in the future, in any language; you can terminate this right by not sharing new information with us but even if you stop sharing, we will hold this right to any content you have already posted
You grant to us the right to authorize third parties (including affiliated companies and collaborative partners, merchants and brands) to include your content in any form or media, whether now existing or developed in the future, to which Service Provider ordinarily distributes or makes available the contents of its postings or publications, including, but not limited to, other websites, archives, databases, or other data storage companies, whether or not the content may be individually accessed, perceived or retrieved from such form or media and also agree that you grant such party the same rights, on a co-equal basis with Service Provider, that you have granted to Service Provider hereunder
You grant to us permission (including to affiliated companies and collaborative partners, merchants and brands) to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content and all other information you post in any way that helps us to sustain the Service.
You grant to us permission to download and install updates to the Service on your device
General Practices and Limits
You acknowledge that Acorn Links may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Acorn Links's servers on your behalf. You agree that Acorn Links has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted to the Service. You acknowledge that Acorn Links reserves the right to terminate accounts that are inactive for any period of time. You further acknowledge that Acorn Links reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Payment and Billing
If you subscribe to a paid plan, you hereby authorize Acorn Links to bill your payment instrument in advance on a periodic basis in accordance with the payment plan you have selected, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Acorn Links know within thirty (30) days after the date that Acorn Links invoices you. Acorn Links reserves the right to change its prices. If Acorn Links does change prices, Acorn Links will provide notice of the change on the Site or in an email to you, at Acorn Links's discretion, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Acorn Links may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Acorn Links thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to a finance charge of up to 5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. and U.K. taxes based on Acorn Links's net income.
Feedback and Communication
Any feedback, suggestions, ideas, or other communications you provide to Acorn Links in connection with the Service (collectively, "Feedback") shall be deemed to be non-confidential and Acorn Links shall be free to use such Feedback on an unrestricted basis without any obligation to compensate you or anyone else for such use.
Each part or term of these Terms of Service is treated as separate. It’ll still be valid even if other parts or terms of the Terms of Service are found to be invalid or unreasonable. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No one, except for you and us, has rights under the Terms of Service or the right to enforce any of its terms. No others can use the Contracts (Rights of Third Parties) Act 1999 to acquire such rights.
Any failure by Acorn Links to enforce any provision of this agreement shall not constitute a waiver of that provision or any other provision.
This agreement contains the entire understanding between Acorn Links and its customers and users, and supersedes any prior agreements or understandings, whether written or oral.
If a court, arbitrator or any government agency tells us that any part of the Terms of Service isn’t valid, the remaining parts of the Terms of Service will continue to apply.
Visiting our site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Third-Party Links and Resources
The Acorn Links Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Acorn Links has no control over such sites and resources and Acorn Links is not responsible for anything contained therein or any result from use thereof. You further acknowledge and agree that Acorn Links will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Acorn Links Service are between you and the third party, and you agree that Acorn Links is not liable for any loss or claim that you may have against any such third party.
Changes to Terms
Acorn Links reserves the right to modify or update these TOS at any time without prior notice. Your continued use of the Service after any such modifications or updates shall constitute your acceptance of the revised terms of service. We encourage you to periodically review these terms of service to stay informed about any changes. If you do not agree to any revised terms, your only recourse is to discontinue using the service.
This TOS shall be governed by the laws of the State of New York in USA without regard to the principles of conflicts of law. Unless otherwise elected by Acorn Links in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York for the purpose of resolving any dispute relating to your access to or use of the Service.