Terms of Service

Welcome to Lynqly.com. Please read these Terms of Service carefully before using the services offered by Ostrel Software LLC, a Washington limited liability company ("Lynqly," "we," "us," or "our"). These Terms of Service set forth the terms and conditions of our relationship and for your ("you," "user," "customer") use of the Lynqly.com website (the "Site"), the Lynqly phone app and any other associated mobile applications, the Lynqly app builder, editor, and hosting platform, and the services, features, content, and applications offered by Lynqly (collectively, the "Services").

For purposes of these Terms, "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with Ostrel Software LLC, where "control" means ownership of more than fifty percent (50%) of the voting or economic interests of an entity, or the power to direct its management and policies.

How these Terms are organized. Lynqly offers two families of products. The first and primary one is the App Builder: an AI app builder that plans, builds, and changes software applications and websites for you, hosts them, connects them to your own Stripe account so they can take payments, and lets you export them. The second is our domain services: Domain Finder, Domain Radar, and domain registration through our registrar partner. The sections on accounts, acceptable use, intellectual property, disclaimers, liability, indemnification, and dispute resolution apply to everything. Sections about a specific product apply when you use that product. The section titled "Which Parts of These Terms Apply to You" explains this in more detail.

01Acceptance of terms

▲ Key term · read carefully02Binding arbitration

03About the services

What Lynqly Provides

Lynqly is an AI app builder and hosting platform that helps you plan, build, publish, run, and take payments through your own software applications and websites, and it is also a domain intelligence and registration service. Our Services include:

The App Builder

• AI Planning: You describe what you want. Our AI asks clarifying questions and prepares a written Plan listing the outcomes your App should deliver, together with pricing options for building it.
• AI Builds: AI agents build your App from the Plan, or make the changes you request, and report what they did.
• The Editor and Direct Edits: A visual editor where you can see your App and change text, images, colors, and other details directly.
• Hosting and Publishing: We host your App on a Lynqly address or, on plans that include it, on your own domain. Your changes are saved to a draft, and your live App changes only when you publish.
• Built-In App Features: Depending on what you build, your App can include member sign-up and sign-in, data collections, forms, an admin back office for you and your team, email and text messages, push notifications, AI steps, scheduled tasks, and connections to other services.
• Lynqly Payments: Your App can take payments through your own Stripe account, as described in the Lynqly Payments section.
• Export: You can export your App, its data, and its member accounts as a project that runs on infrastructure you choose, as described in the Exporting Your App section.
• The Lynqly Phone App (where available): A phone app for planning, building, funding, and managing your Apps.
• Mobile App Add-On (where offered): An optional add-on that packages your App for the Apple App Store and Google Play under your own developer accounts.

Domain Services

• AI-Powered Domain Generation: Using your project brief and market intelligence to generate domain name suggestions
• Availability Scanning: Automated checking of domain availability across multiple top-level domains (TLDs)
• Intelligence Analysis: Multi-factor analysis and ranking of domain names based on brand fit, market signals, and estimated upside potential
• Brand Analysis Dossiers: Detailed brand analysis reports for top-ranked domain candidates
• Decision Management Tools: Tools to track, evaluate, and manage domain name options
• Domain Radar: A subscription service that watches domain names and categories you choose and alerts you to changes in their availability
• Domain Registration Services: Facilitated domain name registration through our authorized registrar partnership

Definitions

In these Terms, the following words have these meanings:

1. App means a software application, website, or service you build, publish, or host through the Services, including its drafts and published versions.

2. App Owner or Owner means the Lynqly account holder who controls an App. If you connect a Stripe account to an App, you are its Owner.

3. App Content means everything in or about your App other than the Lynqly Platform: its pages, code, logic, data structures, text, images, video, brand assets, files, settings, and the records it stores, including Output created for your App.

4. End User means any person, other than the Owner, who visits, signs up for, buys from, sells through, receives a message from, or otherwise interacts with an App. Members, Buyers, Sellers, and your Team Members are End Users.

5. End User Data means any information about an identified or identifiable End User that is collected, stored, sent, or otherwise processed through an App.

6. Member means an End User who has an account in your App.

7. Team Member means a person you invite to use your App's admin areas or settings.

8. Input means anything you give the Services, including descriptions, requests, messages, answers, photos, voice recordings, files, and project briefs.

9. Output means anything the Services generate for you in response to Input, including Plans, code, pages, text, images, brand directions, suggestions, domain name suggestions, rankings, and reports.

10. User Content means your Input, your App Content, and any other content you provide to or through the Services.

11. Plan means the written list of outcomes, and any accompanying scope description, that you approve before a Build. For a Fixed-Price Build, the approved Plan defines what the fixed price covers.

12. Build means one run of Lynqly's AI agents that creates or changes an App, including a run started from a Plan and a run started from a change request.

13. Balance means the prepaid amount, in US dollars, that you add to your Lynqly account to pay for Lynqly services such as Builds and AI usage. The product may call it your funds or your balance.

14. Hosting Plan means the plan (free or paid) that applies to an App and determines its hosting features, usage limits, and Platform Fee rate.

15. Lynqly Platform means the Services and everything Lynqly uses to provide them, including our software, AI agents, prompts, models, templates, components, editor, admin back office surfaces, infrastructure, documentation, and trademarks. The Lynqly Platform does not include your User Content.

16. Lynqly Runtime means the @lynqly/runtime software package that Lynqly publishes on the public npm registry and on which Apps run.

17. Project Pass means the Domain Finder purchase that unlocks our domain intelligence Services for a project.

Which Parts of These Terms Apply to You

1. Everyone: The sections on acceptance, accounts, acceptable use, copyright complaints, intellectual property, AI-generated content, monitoring, suspension and termination, disclaimers, limitation of liability, indemnification, electronic communications, governing law, arbitration, privacy, and general provisions apply to every use of the Services.

2. App Builder users: The sections titled The App Builder, Hosting Your App, Your App and Your End Users, Exporting Your App, the App Builder parts of Pricing, Payment, and Refund Policy, and Data Processing Terms for App Owners apply when you use the App Builder, including before you create an account.

3. Lynqly Payments and Marketplace Apps: The Lynqly Payments section applies if you connect a Stripe account to an App. The Marketplace Apps Addendum applies only if Lynqly enables marketplace features for your App.

4. Domain services: The sections on domain registration, domain availability, Domain Finder, and Domain Radar apply when you use those products.

5. The phone app: The section titled The Lynqly Phone App applies when you use our phone app.

6. If sections conflict: A section that applies to a specific product controls over a general section, but only as to that product.

What Lynqly Does NOT Provide

You understand and agree that:

1. Lynqly is not an ICANN-accredited registrar. We are a reseller/agent of NameSilo, LLC. The actual domain registration is performed by the Sponsoring Registrar.

2. Lynqly does not provide professional advice. We do not provide legal advice, tax advice, trademark clearance services, security audits, compliance reviews, business consulting, branding services, or professional advisory services of any kind. You should consult qualified professionals (attorneys, accountants, trademark specialists, security professionals, brand consultants) before making final business decisions or launching an App in a regulated field.

3. Lynqly does not conduct trademark searches or clearance. Our Services do not include trademark screening, trademark clearance, legal risk assessment, or intellectual property analysis, whether for domain names, business names, app names, logos, brand directions, or any other Output. You are solely responsible for conducting appropriate trademark searches and legal due diligence before registering any domain name or using any name, logo, or brand asset. Registering a domain or using a name that infringes another party's trademark rights may subject you to legal liability, domain transfer or cancellation under UDRP, and financial damages.

4. Lynqly does not guarantee business outcomes. We provide building, hosting, and intelligence tools, but we make no guarantees regarding the success, profitability, traffic, search ranking, brandability, marketability, or market performance of any App or domain name.

5. Lynqly does not operate your App or your business. You decide what your App does, what it collects, what it sells, and what goes live. Lynqly is not a party to any transaction, agreement, or relationship between you and your End Users.

6. Lynqly does not control the Sponsoring Registrar, registry operators, or ICANN. While we facilitate domain registration through our platform, the actual registration is performed by the Sponsoring Registrar and processed by registry operators under ICANN oversight. We do not control their systems, policies, operations, pricing decisions, or service levels.

04The app builder

Planning

1. How Planning Works: You describe the App you want. Our AI asks clarifying questions and prepares a Plan: a checklist of outcomes your App should deliver, together with the pricing options available for building it. You can attach photos (for example, a menu or a storefront) for the AI to read.

2. Planning Is Currently Free, Within Limits: We do not currently charge for planning. Planning is subject to limits, including limits on the number of questions and messages, daily limits on free planning across the Services, and a limit on how much planning you can do before you create an account. We may change these limits, require a payment method before planning, or begin charging for planning in the future. We will show any planning price in the product before you incur it.

3. Using the Builder Before You Have an Account: You can start planning and shaping a draft App before you create an account. Some actions, such as starting a Build, publishing, and sharing, require an account. These Terms apply from the moment you use the Services. Work you do before creating an account is tied to your browser or device session and may be lost if you clear your browser data, change devices, or do not create an account. Create an account to keep your work.

4. A Plan Is Not a Promise of a Result Outside Its Terms: A Plan describes intended outcomes. Estimates, example receipts, and suggested features shown during planning are not quotes unless the product expressly presents a fixed price for a Fixed-Price Build.

5. Suggestions: The Services may suggest a Plan before a large request, and may propose ideas for your App's next features (for example, in a roadmap). Suggestions are not commitments or quotes, and they are never shown on your live App.

Builds

1. How Builds Work: When you confirm a Plan or request a change, Lynqly's AI agents build or change your App. You can follow progress, send guidance while a Build runs, answer questions the AI asks, and stop a Build.

2. Two Ways to Pay: Builds are either pay-as-you-go (charged for the work actually performed) or, where offered, fixed-price (a price quoted and locked before the Build starts). The billing rules for each are in the Pricing, Payment, and Refund Policy section.

3. Fixed-Price Scope: A Fixed-Price Build covers the outcomes on the Plan you approved. Requests you make during a Fixed-Price Build are reviewed, in part by an automated review, to decide whether they refine the approved outcomes or add new scope. New scope is not built within the fixed price; it can be requested as a separate Build. If you disagree with a scope decision, contact support@lynqly.com and a person will review it.

4. Verification and Delivery Reports: For Fixed-Price Builds, and for other Builds where the product offers it, Lynqly's systems test your draft App automatically. To do this, our systems may sign in to your draft App, create test Members and test records in its development environment, and capture screenshots, recordings, and narration of your draft App. We store the resulting delivery report so you can review it. Verification is an automated check against the approved outcomes. It is not a guarantee that your App is free of errors or fit for any particular purpose.

5. AI Models and Providers: We choose the AI models and providers used for planning, building, and other features, and we may change them at any time. Some options, such as a higher-quality build setting, cost more. The product tells you that such an option costs more before you choose it.

6. Build Times: We may tell you how long Builds usually take. Build times vary and are not guaranteed. Any priority given to Builds for Apps on certain Hosting Plans is a best-effort queue position, not a delivery-time commitment.

7. Technical Limits: Some kinds of functionality are outside what the App Builder can build. We try to tell you before a Build when a request is outside what the App Builder supports, but we do not guarantee that every request can be built.

Direct Edits

You can change many details of your App directly in the editor (for example, text, colors, fonts, images, spacing, and form settings) without an AI Build. Direct edits are free and are saved to your draft. Uploads are subject to the file type and size limits shown in the product.

Drafts, Publishing, and Version History

1. You Decide What Goes Live: Builds and direct edits change your draft. Your live App changes only when you publish. Because you control publishing, you are responsible for reviewing your App before you publish it.

2. Preview and Share Links: Drafts are private by default, but you can create preview, share, or tester links. Anyone who has such a link may be able to view or use the draft until the link expires or you revoke it.

3. Version History Is Not a Backup: You can restore earlier versions of your App's pages from version history. We keep a limited version history, and we may delete older versions that are not currently live or in use. Version history covers your App's pages and configuration, not necessarily every record your App stores. See "Availability, No Service Level Commitment, and Backups."

Brand, Images, Text, and Other Output Made by AI

1. Brand Directions and Brand Assets: The Services can generate business names, name treatments, color palettes, typography choices, voice guidelines, logos, and other brand assets, and can apply a brand across your App. Brand re-application is free within product limits. AI-generated names, logos, and brand assets are not cleared for trademark or any other rights. You are solely responsible for checking that you may use them.

2. Images: The Services can generate images for your App using third-party image generation providers. Generated images are stored at public web addresses so your App can display them. Generated images may resemble existing works, people, or marks. You are responsible for reviewing them before you use them.

3. Search and Social Text: The Services can generate page titles, descriptions, and share images, and may capture a screenshot of your published page for use as its default share image. We do not promise any search ranking or traffic result. Your own edits and uploads replace generated versions.

Photos, Voice, and Files You Give Us

1. Uploads: When you upload photos, images, video, or other files for planning, building, or your App, you grant Lynqly the license described in the Intellectual Property Rights section. Files you upload for use in your App may be stored at public web addresses.

2. Voice Input: Where the Services offer voice input, what you say is sent to a third-party speech recognition provider and turned into text that becomes part of your Input.

3. Your Rights: You represent and warrant that you have the rights, licenses, and permissions needed to upload each file and to let us use it as described in these Terms, including the permission of any identifiable person shown in it where the law requires it.

Automated Review of Requests

We use automated systems to screen planning messages and Build requests for content that violates these Terms. We may refuse to plan or build a request, and we may flag requests for review by our staff. We may not tell you when a request has been flagged for review. Automated screening is a safety measure for Lynqly. It does not review your App for legal compliance and does not relieve you of your responsibilities under these Terms.

Importing an App From Another Platform

Where we offer to import an App from another platform (for example, on request), you authorize Lynqly to access your account on that platform, including through an automation account you add as a collaborator, only to discover, quote, and migrate your App. You represent that you have the right to grant that access and to migrate the content, and you are responsible for complying with that platform's terms. You should remove our access when the import is complete.

05Hosting your app

Hosting Plans and Usage Limits

1. Per-App Plans: Each App has its own Hosting Plan. There is a free plan and there are paid plans. The features, usage limits, and prices of each plan are shown on our pricing page and in your App's settings. Paid Hosting Plans are subscriptions governed by the Pricing, Payment, and Refund Policy section.

2. Usage Limits: Each Hosting Plan has published limits, which may include operations, storage, messages sent, log retention, team seats, and similar measures, as shown on our pricing page and in your App's settings. Operations are governed by "Operations and Fair Use" below, which controls over this paragraph for operations. For any other limit, if your App exceeds it, we may refuse the excess activity (for example, new uploads once storage is full), make storage read-only, or ask you to change plans. Usage is measured by Lynqly's systems, and our records control absent manifest error.

3. Features That Require a Paid Plan: Some features, including custom domains, sending email from your own domain, and scheduled tasks, are available only on paid Hosting Plans, as shown on the pricing page.

Operations and Fair Use

This section is our Fair Use Policy. The amounts for each plan (the free plan's monthly allowance, the fair-use levels for Live and Pro, and the amount included in Scale and its rate) are the ones published on our pricing page and in your App's settings. We expect to adjust them over time as described below.

1. What an Operation Is: An operation is one unit of work done by the live version of your App: serving a page, running an action or automation (whether a visitor, an incoming webhook, a text message, or you from your App's admin starts it), reading data, or saving data. Each counts as one, and none is weighted more than another. Draft previews and tester links do not count. Emails, text messages, push notifications, and storage are measured separately and are not operations.

2. How Operations Are Measured: Lynqly's systems count operations for each App per calendar month, using Coordinated Universal Time (UTC). Your App's count for the current month is shown in your App's settings. Counts are updated periodically, so the count you see, and anything that depends on it, may briefly lag behind your App's actual use.

3. Free Plan: The free plan has a monthly allowance of operations and cannot buy more. What happens when an App reaches it is described in "The Free Plan."

4. Live and Pro Are Unlimited: Live and Pro include unlimited operations. There is no monthly cap, and we never slow, pause, cut off, or charge extra for your App because of the number of operations it uses. For each of these plans we publish a fair-use level of operations per month. The fair-use level is the point at which we may start a conversation with you. It is not a limit.

5. If Your App Is Regularly Above the Level: If your App's operations exceed its plan's fair-use level in two or more of the last three calendar months, we may contact you by email to discuss a plan that fits its usage. While we talk, your App keeps its plan and keeps running as usual. If its usage stays above the level after that conversation, we may, with at least thirty (30) days' notice by email, move the App to a plan that fits its usage (for example, Scale) at that plan's published price and rates, starting at your first renewal after the notice period ends. Before the change takes effect you can reduce usage, choose a different plan, cancel, or export your App. A change never applies to any period before it takes effect, and we never charge for past operations on Live or Pro.

6. Changes to Fair-Use Levels: We may raise a fair-use level at any time. We will not lower the fair-use level that applies to your App without at least thirty (30) days' notice by email, and a lower level counts only operations after it takes effect.

7. Scale: Scale includes the number of operations per month shown on our pricing page and charges for operations above it at the published rate, as described in "Usage Above a Plan Allowance." Scale is never reviewed for fair use.

8. Abuse Is Not Usage: The promises in this section cover your App's genuine use. They do not cover, on any plan, traffic that attacks your App or the Services, traffic that is fraudulent or generated automatically to inflate counts, or use that violates the Acceptable Use Policy or the law. We may block or filter that traffic when we detect it, including immediately where needed to protect the Services, other customers, or End Users, and we may act under "Suspension by Lynqly." Where practical, we will limit what we do to the harmful traffic rather than your App as a whole.

9. Credits for Attack Traffic and Counting Errors: If an attack, a bot flood, or a counting error on our side inflates your App's operations, tell us through Help in your account or at support@lynqly.com (we may also find it ourselves). You can ask about the current calendar month or any of the previous twelve (12). We will review it, and where we find that operations came from an attack, automated abuse, or our error, we will credit those operations for that month. Credited operations do not count toward the free plan's monthly allowance, Scale overage, or a Live or Pro fair-use review. If a credit brings a free-plan App back under its allowance, the App leaves read-only mode when the credit is posted. If we already billed Scale overage for credited operations, we will take the difference off your next invoice or, if there is no next invoice, refund it to your payment method. Your App's usage display shows each credit. We decide in good faith, from the usage records we keep, whether traffic was abusive or miscounted.

The Free Plan

1. Lynqly Address and Badge: Apps on the free plan are served at a Lynqly address and display a "Made with Lynqly" badge. You will not hide, obscure, or remove the badge while your App is on the free plan.

2. Monthly Allowance: Apps on the free plan have a monthly allowance of operations (see "Operations and Fair Use"), shown on our pricing page, and cannot buy more. We will try to tell you by email, and by push notification if you allow them in the Lynqly mobile app, when your App has used most of its allowance (currently 80%) and again when it has used all of it. A notice that is delayed or does not arrive does not change when the allowance runs out.

3. Read-Only Until the Next Month: When a free-plan App has used its allowance, its live version becomes read-only until the first day of the next calendar month (UTC) or until you move it to a paid plan, whichever comes first. Moving to a paid plan lifts it right away. Because counts are updated periodically, this may happen a short time after the App reaches its allowance. While the App is read-only:

   • What keeps working: its pages, the data it shows, Member sign-up and sign-in, and every action that takes a payment or starts a subscription, however it is started (including from a form, an incoming webhook, or a text message);
   • What pauses: other actions visitors start (for example, form submissions and bookings that do not take a payment), data saved by visitors, visitor file uploads, and actions started by incoming webhooks or text messages that do not take a payment. A visitor who tries one of these sees a message that it cannot be sent right now, and nothing is saved. A paused webhook is acknowledged to its sender but is not processed or replayed later. When an incoming text message is not processed, we try to forward it to you by email; and
   • What is never affected: your editor, Builds, your App's admin areas, and draft preview and tester links.

   Apps on paid Hosting Plans are never made read-only because of the number of operations they use.

4. Free Does Not Mean Unlimited: Free-plan Apps are subject to the free plan's usage limits. We may change the free plan's features and limits. A change that reduces the free plan (for example, a smaller monthly allowance, or Apps that stop serving after a period without activity) takes effect only on the first day of a calendar month and at least thirty (30) days after we notify you. Changes that improve the free plan may take effect immediately.

Custom Domains

1. Connecting a Domain: On plans that include it, you can connect a domain you control to your App by adding the DNS records we give you. You authorize Lynqly and its infrastructure providers to obtain and renew TLS certificates for that domain on your behalf and to route its traffic to your App.

2. Domains Registered Through Lynqly: If you registered your domain through Lynqly and it still uses our registrar partner's name servers, you authorize Lynqly to create and change the DNS records needed to connect it to your App.

3. Your Responsibility: You are responsible for controlling and renewing your domain, for its DNS settings, and for the rights to use it. A free Lynqly address (a subdomain of lynqly.com) is provided for use with the Services only; it belongs to Lynqly and does not transfer with an export.

4. If a Plan Ends: If your App no longer has a plan that includes custom domains, your custom domain will stop serving your App and will instead show a notice pointing visitors to your App's free Lynqly address.

Availability, No Service Level Commitment, and Backups

1. No Uptime Commitment: We work to keep the Services and your App available, but we do not offer a service level agreement, uptime percentage, or service credits unless we agree to one in a separate signed writing. The Services may be interrupted for maintenance, updates, failures of our providers, security events, and other reasons.

2. Messages and Automations: Emails, text messages, push notifications, webhooks, scheduled tasks, and other automated actions may be delayed, fail, or, occasionally, be sent more than once. You should not rely on the Services for time-critical or life-safety messages.

3. Keep Your Own Copy: We do not promise to back up your App or its data, and we do not promise that lost or corrupted data can be recovered. You are responsible for keeping your own copies, including by using Export regularly.

Pausing, Freezing, and Deleting an App

1. Pausing and Freezing: You can pause your App, which shows visitors a notice instead of your App. An App may also be frozen by you or by Lynqly (for example, during a security review or a suspension), in which case it will not accept new submissions from visitors.

2. Trash: When you move an App to Trash, it goes offline right away. You can restore it for thirty (30) days. After that, or sooner if you choose to delete it permanently, we delete the App as described in the Data Processing Terms for App Owners section. Deletion cannot be undone. Export anything you want to keep before you delete. Moving an App to Trash stops its paid Hosting Plan and add-ons from renewing, and restoring it within the thirty (30) days turns renewal back on. Deleting it permanently ends them at once, without a refund for the rest of the billing period. Usage charges already earned (such as Scale overage) remain due.

When a Paid Plan Ends

1. Nothing Is Deleted Because a Plan Ends: If a paid Hosting Plan is canceled or ends because of non-payment, your App moves to the free plan. We do not delete an App or its data solely because a payment failed, a paid plan ended, or your Balance reached zero. Your App then has the free plan's features and limits: for example, the badge returns, the free plan's monthly allowance applies, scheduled tasks stop, storage over the free limit may become read-only, and your custom domain stops serving the App as described above.

2. Payment Retries: If a subscription payment fails, we and our payment processor may retry it. While a retry is pending, your paid features may continue.

3. Your Balance Is Separate From Hosting: Your Balance pays for Builds and usage-based features. It does not pay for keeping your App online. If your Balance reaches zero, your App keeps serving, but features that draw on your Balance, such as AI steps in your App, use their fallback behavior until you add funds.

06Your app and your end users

You Are Responsible for Your App

1. Your App, Your Business: You are solely responsible for your App, its App Content, its End Users, and everything you or your App offers, sells, collects, sends, or publishes, whether the App Content was written by you or generated by the Services. This includes making sure your App and its use comply with all laws that apply to you, your business, and your End Users, including consumer protection, advertising, accessibility, privacy, data security, licensing, and industry-specific laws.

2. Review Before You Publish: AI-built code and content can contain errors, security weaknesses, and inaccurate statements. You are responsible for reviewing and testing your App, including its data access settings and its handling of payments and personal information, before you publish it and whenever you change it.

3. Your Dealings With End Users: You are solely responsible for your relationship with your End Users, including support, refunds, disputes, delivery of what you sell, and any promises you make to them.

Your Own Privacy Notice and Terms

1. Publish Your Own Notices: If your App collects any End User Data (for example, through a form, a sign-up, a booking, a purchase, or a message), you must publish, in your App, your own privacy notice that accurately describes your practices, and any terms of use or terms of sale your business needs. Lynqly's Privacy Policy covers Lynqly's relationship with you. It does not cover your relationship with your End Users and cannot take the place of your own notice.

2. Consents and Rights: You are responsible for having a lawful basis for collecting and using End User Data, for obtaining any consents the law requires (including for cookies, marketing, text messages, and AI features), and for responding to End Users' requests to access, correct, or delete their information. The Data Processing Terms for App Owners section describes how Lynqly helps.

3. Services That Load From Third Parties: Your App may load resources from third parties (for example, web fonts from Google), which receive visitors' IP addresses and browser information. You are responsible for disclosing this in your own privacy notice where required.

Member Accounts and Data Access Settings

1. Member Accounts: If your App offers sign-up and sign-in, Lynqly stores your Members' accounts on your behalf, including hashed passwords, and sends account emails and, where you turn them on, sign-in codes by text message (or by email when a text cannot be sent; if neither can be sent, the sign-in is refused rather than completed without a code). You decide who may become a Member, their roles, and whether to suspend them.

2. Who Can See Your Data: Each data collection in your App has a read setting. Collections are private to you by default. If you choose a setting that lets Members or everyone read a collection, the information in it becomes visible to those people. You are responsible for the settings you choose.

3. Admin Roles: You are responsible for anyone you give an admin or staff role in your App, and for what they do with it.

Team Members, Testers, and Preview Links

1. Team Members: You can invite Team Members to your App's admin areas and settings. Team Members sign in with codes we email them and may see and change End User Data in the areas you share. You are responsible for choosing whom to invite, for what they can see, for their compliance with these Terms and the law, and for revoking access when it is no longer needed. Their actions in your App are treated as your actions.

2. Testers and Preview Links: Links you create to share drafts or invite testers let anyone who has them use your draft App. Submissions made through tester links are stored in your App's testing environment, not in your live App.

3. Your Lynqly Account Is Yours Alone: Team Members and testers do not get access to your Lynqly account, your billing, or your Balance. Do not share your Lynqly account credentials with them.

Email Your App Sends

1. How App Email Is Sent: Emails your App sends (for example, notifications to you, confirmations and replies to visitors, and messages to Members) are sent through Lynqly's email providers. Unless you connect your own sending domain on a plan that offers it, they are sent from a Lynqly address, and most are sent under your App's name with replies directed to you. Member account emails (such as confirmation and sign-in links) are sent from a Lynqly address even if you connect your own sending domain.

2. You Are the Sender: You are the sender of, and responsible for, the content of email your App sends and for having the right to send it.

3. Transactional and Relationship Messages Only: Unless the Services provide an unsubscribe tool for a type of message, you may use App email only for transactional or relationship messages that the recipient requested or expects from their dealings with your App (such as confirmations, receipts, account emails, replies, and reminders). You may not use App email to send commercial or promotional messages, including under the CAN-SPAM Act, to people who have not agreed to receive them from you.

4. Limits: App email is subject to daily and per-recipient limits and may be paused if it causes complaints, bounces, or abuse reports.

Text Messages Your App Sends

Availability: Text messaging may be unavailable, including while we move to a registered messaging provider. While it is unavailable, text steps in your App are skipped: nothing is sent and nothing is charged, and email and push notifications keep working. We will tell you in the product when texting is available.

1. How App Texts Are Sent: Where your App sends text messages through Lynqly, they are sent through a messaging service that Lynqly operates for many Apps, and they may come from a phone number that is shared with other Apps. Replies may be delivered to your App's reply handling or forwarded to you by email. Because numbers are shared, a reply may occasionally be routed to the wrong App. Do not rely on replies for anything important.

2. Consent Is Your Responsibility: You may send a text message through the Services only to a person who has given you the consent that the Telephone Consumer Protection Act and every other applicable law require for that message, and you must keep a record of that consent. You represent and warrant that you have that consent for every text your App sends.

3. Permitted Messages: You may use App texts only for transactional and informational messages related to the recipient's dealings with your App, such as confirmations, reminders, security codes, status updates, and replies. You may not use App texts for marketing, promotional, or political messages, for messages to numbers you bought or compiled from third parties, or for any message that requires prior express written consent.

4. Opt-Outs, Identification, and Timing: Each text must identify your business. You must honor requests to stop receiving texts promptly, including replies such as STOP, and you must not text people at times that applicable law does not allow.

5. Limits and Changes: App texts are subject to daily, per-App, and per-recipient limits, and delivery is not guaranteed. We may pause or stop your App's texts at any time, including if we receive complaints or carrier notices. We may change how App texts are sent, including by requiring you to connect your own messaging provider account or to complete carrier registration.

Push Notifications

Where your App sends push notifications to its Members, you are the sender of those notifications and are responsible for obtaining any permission the law or the app stores require and for their content.

AI Features Inside Your App

1. What They Do: Your App can include AI steps that send information to third-party AI providers and use the response. That information can include what your visitors and Members type, text messages your App receives, data from connected services, and records your App stores. The response can be shown to your End Users, sent to them, or saved.

2. Your Responsibilities: You are responsible for deciding what information your AI steps send, for telling your End Users that your App uses AI where the law requires it or where they would reasonably expect to know, for reviewing how your App uses AI output, and for any decisions your App makes using it. Do not use AI steps to make decisions that produce legal or similarly significant effects on people (for example, decisions about credit, housing, employment, insurance, education, or health care) without human review and without complying with the laws that apply to those decisions.

3. Charges and Limits: AI steps in your App are charged to your Balance at the rates shown in the product and on the receipts we provide. Each run is subject to a spending limit, and where the product offers it you can set a monthly limit. If your Balance is empty or a limit is reached, the AI step uses its fallback value and the rest of your App keeps working.

4. Provider Terms: Your use of AI features must comply with the usage policies of the AI providers we use, which we may make available to you or link from the Privacy Policy.

Connections, Webhooks, Plugins, and Custom Code

1. Services You Connect: If you connect your App to a third-party service (for example, by adding an API key, receiving webhooks, or using a connection or plugin), you are responsible for your relationship with that service, for complying with its terms, for the data your App sends to it, and for keeping your own keys valid. A third-party service you choose to connect is your provider, not Lynqly's.

2. Your Secrets: Lynqly stores API keys and other secrets you give us in encrypted form so your App can use them, and does not show them back to you in full. Secrets are not included in exports; you supply them again when you run an exported App.

3. Custom Code: Where the Services offer it, the AI may write custom code that runs in an isolated environment with limited access. AI-written code may contain errors or security weaknesses. We may disable, block, or remove any custom code, plugin, or connection that we believe is unsafe, abusive, or in breach of these Terms.

Payments, Stored Value, and Regulated Activity in Your App

1. Payments: If your App takes payments, the Lynqly Payments section applies. Your App must collect card details only through Stripe-hosted fields or Stripe-hosted checkout.

2. Credits, Gift Cards, and Prepaid Products: Prepaid packages, credits, punch cards, gift cards, memberships, and similar products are regulated by federal and state law, including rules about expiration dates and fees. If your App offers any of them, you are solely responsible for complying with those laws. Get advice before you launch them.

3. Regulated Businesses: If your business is regulated (for example, alcohol, cannabis, firearms, health care, financial services, or gambling), you are solely responsible for holding the required licenses and for complying with all rules that apply to your App, and your App must comply with the Acceptable Use Policy and the payment processor's rules.

Data You Must Not Collect Through Lynqly

Unless Lynqly has agreed in a separate signed writing to support it, you will not use the Services to collect, store, or process:

1. Protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA). Lynqly does not sign business associate agreements.
2. Full payment card numbers or card security codes, other than through Stripe-hosted fields or checkout.
3. Government identification numbers (such as Social Security numbers, driver's license numbers, or passport numbers), financial account credentials, or precise geolocation, except where the information is necessary for your App's lawful purpose and you comply with all laws that apply to it.
4. Consumer health data, biometric data, or other sensitive categories of personal information, except where you have obtained all consents and provided all notices the law requires, including under Washington's My Health My Data Act where it applies.

Children

You must not use the Services to build or operate an App that is directed to children under thirteen (13), or to knowingly collect personal information from children under thirteen (13). If you learn that your App has collected such information, you must delete it and tell us.

07Exporting your app

Export Is Free and Self-Serve

You can export your App on every Hosting Plan, including the free plan, at no charge, without asking us, and without telling us why. Export does not depend on cancelling, on a support request, or on a notice period. It depends only on the security conditions below.

What Export Includes and Does Not Include

1. What You Get: A full export packages your App as a project that runs on a server and database you choose, including your App's pages, its logic in a readable form, the records it stores, its uploaded files, and its Member accounts, together with documentation that explains what carried over and what did not. The Services may also offer a download of your published pages only.

2. What Is Not Included: An export does not include the Lynqly Platform (including our editor, AI agents, and admin back office surfaces, which are Lynqly's product, although the records and Member accounts they display are your App's data and are included), your third-party API keys and secrets (which you supply again), live sign-in sessions and links already sent, your free Lynqly address, your Lynqly billing history, or hosting.

3. Runs Without Lynqly: An exported App runs on the Lynqly Runtime, which you install from the public npm registry without any Lynqly account, key, or permission. The Lynqly Runtime is licensed as described in the Intellectual Property Rights section. Some features (for example, AI steps, email, and text messages) require you to connect your own provider accounts in your exported copy.

Security Conditions

To protect your End Users, we may require you to sign in as the App's Owner, to re-enter your password or, if your account has no password, to receive the export by email instead of in your browser. We limit the number of exports per account in a given period, encrypt the export while it waits for you, deliver it through a download link that works once and expires shortly after it is issued, and keep a record of each export request (including the network address it came from). None of these conditions is a fee or an approval.

Member Password Credentials

1. Only If You Choose: You may choose to include your Members' hashed passwords in an export so they can keep signing in with their existing passwords. We include them only if you choose to and acknowledge this section in the product.

2. Your Custody and Your Duty: When you download an export that includes Member credentials, you take custody of that data and become solely responsible for protecting it. You will use the credentials only to keep authenticating the same Members to the same App, will not attempt to recover the underlying passwords, will not transfer or sell them, will keep the export encrypted and access-restricted, will not place it in any publicly readable location or source-code repository, and will delete the export file once your App is running.

3. Incidents Are Yours: If an export in your custody is exposed, the duty to assess the incident and to notify your Members and any regulator is yours.

After You Export

1. You Are in Charge of Your Copy: Once an export is delivered, the copy and all End User Data in it are under your sole control. You are the independent controller of that data and are solely responsible for hosting, securing, maintaining, updating, and complying with the law for your exported App.

2. No Support or Warranty for Self-Hosted Copies: Lynqly does not support, maintain, host, monitor, or warrant exported Apps and is not responsible for anything that happens with them. Exported Apps are provided "as is" under the Disclaimers and Warranties section.

3. Your Hosted App Is Not Affected: Exporting does not delete, move, or change your App on Lynqly. If you want to stop hosting with us, move your App to Trash after you have exported it.

We Will Not Shrink Export Without Notice

We may expand what an export contains. We will not reduce it without giving you at least thirty (30) days' notice, during which you may export under the prior scope.

08Pricing, payment, and refund policy

General Pricing Terms

1. The Price Shown Governs: Prices for all Services are the prices shown at checkout, on our pricing page, or in your account at the time you buy or confirm. We may change prices for future purchases at any time. Changes to subscription prices follow the notice rules in "Hosting Plan Subscriptions" and "Domain Radar Subscriptions."

2. Currency: Prices are in US dollars unless the checkout shows another currency (for example, in an app store).

3. Taxes: Prices do not include taxes unless the checkout says so. You are responsible for all sales, use, value-added, goods and services, and similar taxes on your purchases, other than taxes on Lynqly's net income. Where we are required to collect a tax, we may add it to your charge.

4. Promotions: Discounts, promotion codes, free trials, and similar offers are subject to the terms shown with them, have no cash value, cannot be combined unless we say so, and may be changed or ended for future use at any time. We may cancel promotional value obtained through abuse, error, or fraud.

5. Billing Errors: If you believe we charged you in error, tell us at support@lynqly.com within sixty (60) days of the charge (or any longer period the law gives you). We will investigate and correct any error we find.

Your Lynqly Balance

1. What It Is: Your Balance is a prepayment for Lynqly's own services, such as Builds, AI steps in your Apps, and generated images. It is held in US dollars and does not expire.

2. What It Is Not: Your Balance is not a bank account or deposit, earns no interest, is not a gift card, cannot be redeemed or withdrawn for cash, cannot be transferred, sold, or combined with another account, and can be used only for Lynqly services. Your Balance never holds money that your Buyers pay you; those payments go to your own Stripe account as described in the Lynqly Payments section.

3. Non-Refundable Except as Stated: Amounts added to your Balance are non-refundable, except (a) where the law requires a refund, (b) as stated in these Terms (for example, the Build Guarantee), and (c) if Lynqly terminates your account for reasons other than your breach of these Terms, or discontinues the App Builder, in which case we will refund the unused portion of any Balance you purchased directly from Lynqly by card, based on the amount you actually paid. Balance purchased through an app store can be refunded only through that store.

4. Account Closure: If you close your account yourself, you may ask us to refund the unused portion of any Balance you purchased directly from Lynqly by card, based on the amount you actually paid. Ask before you close your account or within thirty (30) days after, by writing to support@lynqly.com. Promotional credits, discounts, rewards, and the bonus value of packs are not refundable, and Balance purchased through an app store can be refunded only through that store. If we close your account because you breached these Terms, any remaining Balance is forfeited unless the law where you live requires otherwise.

5. Adjustments: Your Balance history shows each amount added and each charge. We may correct errors in your Balance, and we may deduct amounts that were credited in error or that were later refunded, reversed, or charged back.

Adding Funds

1. By Card: You can add funds to your Balance by card on our website, within the minimum and maximum amounts shown. When you do, your card is saved with our payment processor so you can use it again and, if you turn it on, for Auto-Reload.

2. Packs: Larger top-ups may cost less than their face value, as shown in the product. The full face value is added to your Balance. If a pack is ever refunded, the refund is based on the amount you actually paid, in proportion to the unused face value.

3. In the Phone App: Where the phone app offers purchases of funds through the Apple App Store or Google Play, the section titled The Lynqly Phone App applies. The app store keeps a fee on those purchases, and the amount added to your Balance is the purchase price less that fee, as shown before you buy.

4. Starting a Build: The product may ask you to add a starting amount before your first pay-as-you-go Build. Any part of it that the Build does not use stays in your Balance.

Auto-Reload

1. What It Does: Auto-Reload helps keep a Build from stopping when your Balance runs low. When Auto-Reload is on and your Balance falls below the threshold you chose (or the default threshold shown when you turned it on), we charge your saved card the reload amount you chose (or the default amount shown) and add it to your Balance.

2. Your Authorization: By turning on Auto-Reload, or by leaving it on when it is offered as already selected next to a payment, you authorize Lynqly and its payment processor to charge your saved card, without further action by you, the reload amount each time your Balance falls below the threshold, until you turn Auto-Reload off. Each automatic charge appears in your Balance history.

3. Turning It Off: You can turn Auto-Reload off, or change its amount and threshold, at any time in your account or App settings. Turning it off stops future automatic charges; it does not reverse charges already made.

4. Failures: If an automatic charge fails or needs your confirmation, it is not retried immediately, and your Build, or a feature that draws on your Balance, may pause or use its fallback until you add funds. Auto-Reload is checked while a Build runs; it may not run when other features draw on your Balance. Auto-Reload is available only with a card saved through our website, not with app store purchases.

Pay-As-You-Go Builds

1. How They Are Charged: Pay-as-you-go Builds are charged to your Balance for the AI work performed, at usage rates Lynqly sets. The rates in effect when a Build starts apply to that Build. The product shows the running cost while a Build runs and a receipt when it ends. Your applicable discounts are applied automatically.

2. Estimates Are Not Quotes: Any estimate or example cost is for guidance only. A pay-as-you-go Build may cost more or less than an estimate.

3. Final Reconciliation: When a Build ends, we recalculate its charge from our usage records. If we charged too much, we credit the difference to your Balance. We never take your Balance below zero to settle a Build.

4. If Lynqly's Systems Fail: If a Build ends because of a failure on Lynqly's side (for example, a crash, a timeout, or an error in our systems), you are not charged for that Build.

5. If You Stop a Build: If you stop a Build, you are charged for the work performed up to the stop, and the partial work is kept.

6. If Your Balance Runs Out: If your Balance reaches zero during a Build, the Build pauses. You are charged for the work performed up to the pause, the partial work is kept on the Build, it is not published, and the charge is not refunded. To resume the same Build, add funds so your Balance reaches at least the minimum shown in the product.

Fixed-Price Builds and the Build Guarantee

1. Availability: Fixed-price Builds are offered for some Plans and not others, and we may change when they are offered.

2. The Quote: Before a Fixed-Price Build starts, the product shows its fixed price. When you confirm, the fixed price is charged in full from your Balance, as shown (or, for a Build included in another purchase, such as a site kit, it is paid by that purchase). You will never be charged more than the fixed price for that Build, even if the Build costs Lynqly more than we quoted. A comparison price, if shown, is an estimate of what similar work might cost elsewhere and is not a price we charge.

3. What the Fixed Price Covers: The fixed price covers building the outcomes on your approved Plan, our automated verification, and a delivery report. It does not cover new scope added during or after the Build, which is a separate Build. It does not promise that your App will be free of errors.

4. The Build Guarantee: If a Fixed-Price Build ends without being delivered as ready (for example, because it fails, because our verification cannot confirm the outcomes on your approved Plan, or because the Build is stopped), you get back the full fixed price you paid for that Build. If you paid it from your Balance, we credit it back to your Balance automatically. If you paid it by card (for example, as part of a site kit purchase), or if you would rather have a Balance credit returned to the card you used to buy that Balance, contact support@lynqly.com within thirty (30) days after the Build ends and we will refund it to that card (and reverse any matching Balance credit). A Build's guarantee can be paid only once and never exceeds what you paid for that Build. Any draft pages the Build created before it ended stay in your draft.

5. What the Guarantee Does Not Cover: The guarantee does not cover a Build that was delivered as ready but that you do not like, that does not match what you pictured, or that you later want changed. It does not apply if the Build could not be delivered because of your breach of these Terms.

Usage Charges for AI and Images

AI steps inside your Apps and images generated for pay-as-you-go Builds are charged to your Balance at the rates shown in the product and on receipts. If an image fails to generate, its charge is credited back to your Balance. Images for Fixed-Price Builds are included in the fixed price.

Hosting Plan Subscriptions

1. Automatic Renewal: Paid Hosting Plans are billed per App, in advance, and renew automatically each billing period (currently monthly) at the then-current price, charged to your payment method on file, until you cancel. We show the price and billing period before you subscribe, and we will provide a receipt for any charge on request.

2. Cancellation: You can cancel a paid Hosting Plan at any time in your App's settings, without contacting us. Cancellation takes effect at the end of the current paid period, and you keep the plan until then. We do not refund partial periods, except where the law requires it.

3. Upgrades and Downgrades: When you move to a more expensive plan, the change takes effect immediately and you are charged a prorated amount for the rest of the current period, as shown before you confirm. When you move to a less expensive plan, the change takes effect at the start of your next billing period, and you are not credited or refunded for the current period. Until a pending cancellation or downgrade takes effect, you can undo it.

4. Price Changes: We may change the price of a paid Hosting Plan by giving you at least thirty (30) days' notice by email before the change applies to your next renewal. If you do not want to pay the new price, cancel before it takes effect.

5. One Paid Plan Per App: An App can have only one active paid Hosting Plan. If you are charged twice for the same App's plan or add-on for the same period, contact us and we will refund the duplicate charge.

6. Plan Benefits: Plan benefits (for example, a better build rate or build priority for an App) apply only to that App while its plan is active, and priority is best-effort.

Usage Above a Plan Allowance

If a Hosting Plan includes a usage allowance with charges for usage above it (currently Scale), the allowance, how usage is counted, and the overage rate are shown on the pricing page, and operations are counted as described in "Operations and Fair Use." In the month an App moves onto such a plan, the included amount for that month is reduced in proportion to the part of the month the App is on the plan, and only operations from the move onward count against it. Overage is measured by Lynqly's systems and billed to your payment method on file, together with or after your subscription charge, as described in the product. We will give you at least thirty (30) days' notice by email before a higher overage rate or a lower included amount applies to your App.

Mobile App Add-On

Where offered, the Mobile App add-on is a separate per-App subscription that renews automatically each billing period until you cancel, on the same cancellation and price-change terms as Hosting Plans. An active add-on keeps the price you signed up at unless we give you at least thirty (30) days' notice of a change. Any Build included with the add-on is a one-time inclusion for that App and is not repeated if you cancel and subscribe again. Your App's store listings are published under your own Apple and Google developer accounts, and you are the publisher of record. You authorize Lynqly to use the developer credentials you give us only to build, sign, submit, and manage your App's store versions and in-app products on your instructions. You are responsible for meeting the app stores' rules, review requirements, privacy disclosures, and payment rules for your App. If the add-on ends, we stop new store builds and related features, but we do not remove versions already published in the stores.

Builder Rate, Rewards, and Referrals

1. Discounts on Builds: Your pay-as-you-go Build rate may be reduced by discounts shown in the product, such as an introductory discount that decreases over time, a rate earned through our builder rewards program, a discount that comes with a Hosting Plan, or a discount that applies to a specific account. The applicable discounts and how they change are shown in your account. Discounts may decrease over time or if your activity changes, and they never apply retroactively.

2. Points and Levels: Points, levels, badges, and similar rewards have no cash value, cannot be redeemed for cash or transferred, and are not property. We may change, suspend, or end the rewards program, and change how rewards are earned, for the future.

3. Referrals: Referral rewards are subject to limits we set. You may not refer yourself, create or use fake or duplicate accounts, or use spam to earn referral rewards. We may withhold or reverse rewards, and adjust discounts, obtained through abuse, error, or fraud.

Service Pricing (Domain Finder)

1. Payment Model: Domain Finder (the Project Pass) and its add-ons are one-time payments per project. Domain Radar, paid Hosting Plans, and the Mobile App add-on are subscriptions. Builds and other usage-based services are paid from your Balance or as shown at checkout.

2. Project Pass: You purchase a "Project Pass" for your project. The price is the amount displayed at checkout at the time of purchase. (Pricing is subject to change; the price shown at checkout governs.)

3. What You're Paying For: Your Project Pass payment covers Lynqly's intelligence Services including AI analysis, availability scanning, ranking, brand analysis, and decision tools. It does not include domain registration costs, which are separate optional purchases.

4. No Refunds for Partial Use: Project Passes are non-refundable except as specifically provided in the Money-Back Guarantee section below.

5. Site Builds Purchased With Domain Services: If a domain services purchase includes an App Builder Build (for example, a site kit), that Build is a Fixed-Price Build governed by the App Builder terms, including the Build Guarantee.

Money-Back Guarantee

1. Guarantee Terms: Within fourteen (14) days of your purchase, you may request a full refund of the Project Pass purchase price (and the Brainstorming Boost add-on, if purchased) for any reason, based solely on your own judgment of the results. No explanation is required and no minimum result threshold applies.

2. How to Request: Refunds are self-serve. You initiate a refund with one click through the refund feature in your customer portal. No email and no approval step are required.

3. Refund Process: Refunds are issued to your original payment method and typically settle within a few business days.

4. What You Keep: You keep everything. All names, lists, and dossiers generated for you remain yours permanently, including after a refund. We do not revoke, disable, or claw back any delivered results, and the refund does not affect your license to use any names or domains you obtained.

5. Multi-Project Purchases: If a single purchase covered more than one project and one project is later refunded, the refund amount is the proportional share of the purchase price attributable to that project.

6. One Refund Per Customer: The money-back guarantee may be used for one refunded purchase per customer account.

7. No Guarantee Transfer: The guarantee is non-transferable and applies only to the original purchaser.

8. Domain Registration Fees Not Covered: The money-back guarantee applies only to Lynqly Project Pass intelligence service fees. Domain registration fees paid to the Sponsoring Registrar are subject to the registrar's refund policy, separate from this guarantee.

Domain Radar Subscriptions

1. Free Trial: Domain Radar may start with a free trial of the length shown when you sign up. You must provide a payment method to start the trial. Unless you cancel before the trial ends, your subscription converts automatically to a paid subscription and your payment method is charged the price shown at sign-up.

2. Automatic Renewal: Domain Radar subscriptions renew automatically each billing period at the then-current price, charged to your payment method on file, until you cancel.

3. Cancellation: You can cancel at any time through your account's billing portal. Cancellation takes effect at the end of the current paid period (or at the end of the trial, if you cancel during it). We do not refund partial periods, except where the law requires it.

4. Price Changes: We may change the price of Domain Radar by giving you at least thirty (30) days' notice by email before the change applies to your next renewal.

5. Alerts: Domain Radar alerts are based on data that can be delayed or inaccurate, as described in the Domain Availability and Registration section. We do not guarantee that you will be alerted to any particular change or that any domain will be available to you.

Payment Processing

1. Third-Party Processors: Payments for Lynqly services and domain registrations are processed through third-party payment processors, currently Stripe, Inc. for card payments on our website, and Apple or Google for purchases made through their app stores. You agree to comply with their terms of service.

2. Payment Authorization: You authorize Lynqly and its payment processors to charge your selected payment method for:

   • Lynqly Project Pass fees and add-ons
   • Domain registration fees (when you elect to register domains)
   • Domain renewal fees (if you enable auto-renewal)
   • Domain Radar subscription fees, including when a free trial converts to a paid subscription
   • App Hosting Plan subscription fees, prorated upgrade charges, usage above a plan allowance, and add-ons
   • Amounts you add to your Balance, including automatic charges under Auto-Reload while it is on
   • Fixed-Price Builds that you choose to pay by card
   • Any applicable taxes or government-imposed fees

   The Lynqly Payments Platform Fee is not charged to your card. Stripe deducts it from each payment to your Connected Account (see the Lynqly Payments section below).

3. Billing Information Accuracy: You agree to provide current, complete, and accurate billing information and to update this information promptly if it changes.

4. Failed Payments: If a payment fails, we may retry it, and we may suspend the paid Service it pays for until payment is successfully processed. For Hosting Plans, the result of an ended plan is described in "When a Paid Plan Ends." A failed payment does not by itself cause us to delete your App or its data.

Payment Disputes and Chargebacks With Lynqly

Please contact support@lynqly.com before disputing a Lynqly charge with your bank or card issuer; we would rather fix a problem directly. If you dispute or charge back a payment to Lynqly, or if an app store refunds a purchase of funds, we may deduct the related amount from your Balance (but not below zero), reverse any rewards or discounts tied to it, and suspend the related paid Services while the dispute is open. If a dispute is resolved in your favor, the adjustment stands. If it is resolved in our favor, you remain responsible for the amount.

09Refunds

This section summarizes when Lynqly gives money back. The detailed terms are in the sections referred to.

1. Domain Finder (Project Pass): Fourteen-day money-back guarantee, to your original payment method, once per account. See "Money-Back Guarantee."
2. Domain registrations: Governed by the Sponsoring Registrar's refund policy. Registration fees are generally non-refundable once a domain is registered.
3. Fixed-Price Builds: If a Fixed-Price Build is not delivered as ready, you get the full fixed price back: credited to your Balance automatically if you paid from your Balance, or refunded to your card if you ask within thirty (30) days. See "Fixed-Price Builds and the Build Guarantee."
4. Pay-as-you-go Builds: No charge for Builds that end because of a failure on Lynqly's side, and over-charges are credited to your Balance. No refund for work performed before you stop a Build or before your Balance runs out. See "Pay-As-You-Go Builds."
5. Your Balance: Non-refundable except where the law requires, as stated in these Terms, if we terminate your account without cause or discontinue the App Builder, or if you close your account yourself and ask for the unused card-purchased portion. See "Your Lynqly Balance."
6. Subscriptions (Hosting Plans, Mobile App add-on, Domain Radar): Cancel any time to stop future renewals. No refunds for partial periods, except where the law requires it or for duplicate charges.
7. Purchases in the phone app through Apple or Google: Refunds are handled only by Apple or Google under their policies.
8. Lynqly Payments Platform Fee: Refunded in proportion automatically when you refund a Buyer, and on request when a Buyer's dispute is resolved against you. See "Lynqly Payments."
9. Billing errors: Report within sixty (60) days and we will correct any error we find.

10Lynqly payments

This section applies if you connect a Stripe account to an App you build or host with Lynqly ("Lynqly Payments"). It is part of these Terms.

Definitions for This Section

1. App and App Owner (or Owner) have the meanings given in the Definitions section of these Terms.

2. Connected Account means the Stripe account that you open or connect through Lynqly Payments. It is a Stripe "Standard" account. It is your account, not ours.

3. Buyer means any person who pays you through your App.

4. Platform Fee means the fee Lynqly charges you for Lynqly Payments, stated as a percentage of each payment, as described below.

5. Stripe means Stripe, Inc. and its affiliates. Stripe Agreements means the Stripe Services Agreement, the Stripe Connected Account Agreement, and any other Stripe terms you accept when you open or connect your Connected Account.

Stripe Services Agreement

Payment processing services for App Owners on Lynqly are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as an App Owner who uses Lynqly Payments, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Lynqly enabling payment processing services through Stripe, you agree to provide Lynqly accurate and complete information about you and your business, and you authorize Lynqly to share it and transaction information related to your use of the payment processing services provided by Stripe. Because your Connected Account is a Stripe Standard account, you also accept the Stripe Agreements directly with Stripe when you open or connect it.

How Lynqly Payments Works

1. Your Stripe Account, Your Money: When you turn on Lynqly Payments, you open or connect your own Stripe account. Buyer payments go from the Buyer to your Connected Account. Lynqly never receives, holds, escrows, delays, or controls Buyer funds, and Lynqly never has a balance, wallet, or account that Buyer funds pass through. Your Lynqly Balance holds only amounts you prepay to Lynqly for Lynqly's own services and never holds Buyer funds. Stripe, not Lynqly, processes each payment.

2. You Are the Merchant of Record: For every sale through your App, you are the merchant of record. You set your prices, describe what you sell, deliver it, issue receipts, and answer to your Buyers. You carry the refund, dispute, and chargeback responsibility for your sales, and any negative balance on your Connected Account is yours to settle with Stripe. Lynqly is not a party to any sale between you and a Buyer.

3. Stripe's Agreements Govern Your Connected Account: Your Connected Account is governed by the Stripe Agreements. Stripe decides whether to open, verify, restrict, reserve against, or close your Connected Account, and Stripe's rules on prohibited and restricted businesses apply to you. Lynqly does not control those decisions and cannot reverse them. Nothing Lynqly does or says means that Stripe has reviewed, endorsed, or approved your business.

4. What Lynqly Is Not: Lynqly is not a bank, money transmitter, money services business, payment processor, payment facilitator, or escrow agent. Lynqly does not process, settle, or pay out any Buyer payment. Lynqly provides software that connects your App to your Connected Account and instructs Stripe to deduct the Platform Fee.

Platform Fee

1. Rate: The Platform Fee is a percentage of each Buyer payment. The rate depends on your App's Hosting Plan and is printed on each plan card with the same prominence as the plan price, and on the Lynqly Payments card in your App's settings before you connect. The rate shown there at the time of each payment is the rate that applies, except that recurring payments under a Buyer subscription continue at the rate that applied when that subscription began. If you change plans, the new plan's rate applies to payments, and Buyer subscriptions, started after the change.

2. How It Is Collected: Stripe deducts the Platform Fee from each payment as an application fee and pays it to Lynqly. The Platform Fee is not charged to your card and is never added to what your Buyer pays. Stripe's own processing fees are separate, are set by Stripe, and are charged by Stripe under the Stripe Agreements.

3. Refunds: If you refund a Buyer payment in full or in part, Lynqly refunds the Platform Fee on that payment in the same proportion. Lynqly does this automatically through Stripe. The refunded fee is returned to your Connected Account.

4. Disputes and Chargebacks: If a dispute or chargeback on a Buyer payment is finally resolved against you, tell us at support@lynqly.com. Within ten (10) business days after we confirm the outcome, Lynqly will refund the Platform Fee on that payment in the same proportion, through Stripe, to your Connected Account.

5. Marketplace Commission Charges: If you operate a Marketplace App and bill Sellers a commission under the Marketplace Apps Addendum, each commission charge is a payment to your Connected Account and the Platform Fee applies to it at your plan rate.

6. Fee Changes: Lynqly may change the Platform Fee rates by giving you at least thirty (30) days' notice by email and in your App's settings before the new rate takes effect. A change never applies to payments already made. If you do not accept a change, you may disconnect Lynqly Payments, change plans, or export your App at any time before the new rate takes effect, and no change fee or penalty applies. Continuing to accept payments after the effective date means you accept the new rate.

Disclosure and Record of Your Agreement

1. On-Screen Terms: Before you connect, Lynqly shows you the Platform Fee rate and the core terms of Lynqly Payments on screen, not only by link. Clicking to connect is your agreement to this section at the rate shown.

2. Record Kept: Lynqly records the date and time, your account, your App, the rate shown, the version of these terms, and the network address from which you agreed. Lynqly keeps this record for as long as your Connected Account is linked to an App and for the period required by law afterward. You may request a copy at support@lynqly.com.

Your Responsibilities

1. Lawful Business: You will use Lynqly Payments only for a business that is lawful where you and your Buyers are located and that is permitted under the Stripe Agreements.

2. Taxes: You are responsible for determining, charging, collecting, reporting, and remitting all taxes on your sales. Lynqly does not calculate, collect, or remit taxes on your sales and does not give tax advice.

3. Buyer-Facing Obligations: You are responsible for your refund policy, receipts, statement descriptor, Buyer notices, consumer-protection compliance, and any recurring-billing or card-on-file consents your App relies on.

4. Card Data: Your App must collect card details only through Stripe-hosted fields or Stripe-hosted checkout. You will not collect, store, or transmit full card numbers through your own code or servers.

5. No Surcharges Through Lynqly Payments: You will not add a fee to the Buyer's total that is labeled or functions as a surcharge for paying by card unless you have registered with the card networks and complied with the laws that apply where your Buyers are located.

Other Ways to Pay

Nothing in these Terms restricts you from accepting payment by other methods, using another payment processor, or telling your Buyers about other ways to pay. Lynqly builds and supports Lynqly Payments only, but Lynqly does not technically block another processor, and an App you export contains a documented payment interface that you or your developer may repoint. Stripe does not require exclusivity and neither does Lynqly. The Platform Fee applies only to payments that run through Lynqly Payments.

Suspension and Disconnection

1. By You: You may disconnect Lynqly Payments from an App at any time in the App's settings. Your Connected Account stays yours and keeps working with Stripe; the App simply stops taking payments through it.

2. By Lynqly: Lynqly may suspend or end Lynqly Payments for an App, with notice where practical, if Lynqly reasonably believes the App violates these Terms, the Stripe Agreements, or applicable law, if Stripe requires it, or if the App presents fraud, security, or legal risk to Lynqly or others. Suspension does not affect funds already in your Connected Account, which remain subject to the Stripe Agreements.

3. Records: After disconnection, Lynqly keeps the transaction records needed for fee accounting, refunds of the Platform Fee, dispute handling, tax reporting, and legal compliance.

Data

Lynqly receives from Stripe the transaction records needed to compute and refund the Platform Fee, to show you sales and payments in your App's admin area, and to operate the Services. Lynqly does not receive full card numbers. Lynqly's handling of this data is described in the Privacy Policy and, for End User Data, in the Data Processing Terms for App Owners section. You are responsible for your own privacy notices to your Buyers.

Sellers on Marketplace Apps

If your App is a Marketplace App under the Marketplace Apps Addendum, each Seller opens their own Connected Account and accepts the Lynqly Payment Services Terms for Sellers during seller setup. Those terms cover payment services only, name you as the operator of the marketplace, and do not make Lynqly a party to any sale.

11Marketplace apps addendum

This Addendum applies to every App that includes marketplace features, meaning features that let people other than you sign up to sell through your App and get paid through Lynqly Payments. An App becomes a Marketplace App when you add those features, for example by asking the builder for sellers. Seller sign-ups open only after you accept this Addendum on screen. This Addendum adds to the Lynqly Payments section and to the rest of these Terms. If this Addendum conflicts with another part of these Terms, this Addendum controls for your Marketplace App.

Words Used in This Addendum

1. Marketplace App means an App where people other than you (Sellers) sell to Buyers and get paid through Lynqly Payments.

2. Seller means a member of your App who lists, offers, or sells through it and connects their own Stripe account to do so.

3. Owner Commission means the amount you charge Sellers for selling through your App, set in your App's settings as a percentage of net sales and a billing cycle.

4. Seller Terms means the terms you write and publish in your App that govern the relationship between you and your Sellers.

5. Seller Payment Terms means the Lynqly Payment Services Terms for Sellers, the agreement between Lynqly and each Seller for payment services only.

You Are the Marketplace Operator

1. It Is Your Marketplace: Your Marketplace App is yours. You run it on your own domain and under your own brand. You decide what may be sold, who may sell, how listings work, what Buyers see, what policies apply, and what commission you charge. You approve and remove Sellers. You handle Buyer and Seller questions and complaints.

2. Lynqly's Role: Lynqly provides the software that runs your App and the payment services that connect your Connected Account and each Seller's Connected Account to Stripe. That is all. Lynqly is not the operator of your marketplace, does not list or promote anything sold in it, does not set prices, does not communicate offers to Buyers, and is not a party to any sale. Lynqly does not run a catalog, search, or directory across Apps, and does not connect your Sellers or Buyers to any other App.

3. Say It Correctly: You will not describe your marketplace as Lynqly's marketplace, describe Lynqly as the seller or the operator, or suggest that Lynqly has reviewed or approved any Seller or listing. You will not say or imply that Lynqly handles your tax, legal, or regulatory duties.

Taxes: Marketplace Facilitator Duties Are Yours

1. You May Be a Marketplace Facilitator: Washington and most other states have laws that treat the operator of a marketplace as a "marketplace facilitator." A marketplace facilitator must register with the state, collect sales tax on its Sellers' sales, and remit that tax to the state. Whether these laws apply to you depends on where you, your Sellers, and your Buyers are located and on your sales volume. In some states the duty starts with the first sale.

2. Your Duty Alone: If any marketplace facilitator law applies to your Marketplace App, the duties under that law are yours alone. You will register, collect, report, and remit as required. You will tell your Sellers in your Seller Terms which taxes you collect on their behalf, if any. Lynqly is not a marketplace facilitator for your App and will not register, collect, or remit any tax on your Sellers' sales.

3. Other Taxes: You are also responsible for any income, business, or other tax duties that come with operating a marketplace, including any information returns you must file about your Sellers.

4. No Tax Advice: Lynqly does not give tax advice. The statements in this Addendum are general and may not describe your situation. Before you enable marketplace features, get advice from a tax professional who knows the states where you and your Sellers do business.

The INFORM Consumers Act

1. You Are the Online Marketplace: The federal INFORM Consumers Act requires an "online marketplace" to collect, verify, and in some cases disclose information about "high-volume third party sellers." For your Marketplace App, you are the online marketplace.

2. Your Duty Alone: If a Seller meets the law's thresholds, you must collect and verify the required information (such as bank account, tax identification, and contact details), keep it current, disclose the required details to Buyers, provide a way for Buyers to report suspicious activity, and suspend Sellers who do not comply. These duties are yours. Lynqly does not perform them for you. Lynqly may offer tools that help, but using a tool does not transfer the duty.

3. Get Advice: The thresholds, the information required, and the timing are set by the statute and by FTC guidance and may change. Get legal advice before your first Seller approaches the thresholds.

Seller Terms

1. Publish Before Sellers Onboard: You must write and publish Seller Terms in your App before any Seller can begin seller setup. Lynqly's software will not let a Seller start until your Seller Terms are published. Sellers read and accept your Seller Terms on screen before they are sent to Stripe.

2. The Template Is a Starting Point: Lynqly offers a template. It is a general starting point, not legal advice, and it may not fit your business, your products, or the places you and your Sellers operate. Replace every bracketed item and have your own counsel review it before you publish.

3. What Your Seller Terms Must Do: Your Seller Terms must (a) name you as the operator of the marketplace, (b) state that each Seller is the merchant of record for its own sales, (c) state the Owner Commission and billing cycle, (d) disclose that Lynqly provides payment services only under the Seller Payment Terms, and (e) not promise anything about Lynqly that the Seller Payment Terms do not say.

4. Keep Them Current: If you change the Owner Commission or billing cycle, you must publish updated Seller Terms before the change takes effect. Lynqly's software pauses new seller setup until you do.

5. If They Conflict: As to payment services, the Seller Payment Terms control over your Seller Terms. As to everything else about your marketplace, your Seller Terms control, and Lynqly is not bound by them.

Owner Commission and Billing

1. You Bill Sellers, Lynqly Does Not: The Owner Commission is your charge to your Sellers. Lynqly's software calculates it from recorded sales, sends each Seller an itemized statement, and, after a notice period, charges the Seller's saved card to your Connected Account. Lynqly is not the biller, does not guarantee any commission, and does not collect unpaid commission for you.

2. How It Is Calculated: Commission is calculated on net sales, which means recorded sales minus refunds recorded in the same billing period. It is billed no more often than weekly and never on a per-sale basis. Refunds recorded after a period has been billed are not automatically credited; you are responsible for adjusting the Seller's next bill.

3. The Seller's Card Consent: Lynqly's software shows each Seller a consent screen that states the commission formula, the billing cycle, the itemized statement before each charge, and how to cancel, and stores the Seller's consent. This consent is between you and the Seller. You will not change the commission or cycle in a way that departs from the published Seller Terms and the stored consent.

4. You Carry the Credit Risk: If a Seller's card is declined or a Seller disputes a commission charge, the loss is yours. Lynqly does not advance, guarantee, or insure commission.

5. Platform Fee on Commission: Each commission charge is a payment to your Connected Account, and Lynqly's Platform Fee applies to it at your plan rate, as stated in the Lynqly Payments section.

Sellers' Stripe Accounts

1. One Account Per Seller Per App: Each Seller opens a separate Connected Account for your App. Lynqly does not share a Seller's account or identity across Apps.

2. Sellers Contract With Stripe and With Lynqly: Each Seller accepts the Stripe Agreements directly with Stripe and the Seller Payment Terms with Lynqly. Sellers' funds settle in Sellers' own accounts. You cannot log in to a Seller's Stripe account, and neither can Lynqly.

3. What Is Sold: You are responsible for making sure that what Sellers sell through your App is lawful, does not infringe anyone's rights, and is permitted under the Stripe Agreements. You will remove Sellers and listings that are not.

Lynqly May Suspend Seller Onboarding or Marketplace Features

1. Marketplace Features Turn On With Your App: Marketplace features turn on for an App when the App includes them. Seller sign-ups open only after your own Stripe account can accept payments and you accept this Addendum on screen. Lynqly does not review Apps before marketplace features turn on, and may still suspend them under the next paragraph.

2. Suspension: Lynqly may suspend new seller onboarding, commission billing, or all marketplace features for your App at any time, with notice where practical, if Lynqly reasonably believes the App or a Seller violates these Terms, the Stripe Agreements, or applicable law, if Stripe requires it, or if the App presents fraud, security, tax, or legal risk to Lynqly or others.

3. Effect: Suspension does not affect funds already in your or any Seller's Connected Account. Commission already owed to you for completed sales remains between you and the Seller.

Your Indemnity for Your Marketplace

In addition to the Indemnification section of these Terms, you agree to defend, indemnify, and hold harmless the Indemnified Parties from any claim, demand, tax assessment, penalty, fine, loss, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your operation of a Marketplace App; (b) anything sold or offered by a Seller through your App; (c) any sales tax, use tax, or other tax, and any related interest or penalty, claimed by any taxing authority on sales through your App; (d) any claim under the INFORM Consumers Act or similar law relating to your App; (e) your Seller Terms, your Owner Commission, or your billing of Sellers; (f) any dispute between you and a Seller or Buyer; and (g) any statement you make about Lynqly's role that this Addendum does not allow.

Your Acknowledgment

Before seller sign-ups open in your App, you will read and acknowledge this Addendum on screen. Lynqly records the date and time, your account, your App, the version of this Addendum, and the network address from which you acknowledged it. Your acknowledgment is your agreement to this Addendum.

Turning Marketplace Features Off

Marketplace features turn off when you remove them from your App, once no Seller is active and no commission is still to be billed; until then they stay on, and you can suspend Sellers from your App's Admin. You may also ask Lynqly to turn off marketplace features for an App at any time. Sellers keep their own Connected Accounts. You remain responsible for commission already billed, for taxes on sales already made, and for your obligations to Sellers and Buyers under your Seller Terms.

12The Lynqly phone app

License to Use the Phone App

Subject to these Terms, Lynqly grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Lynqly phone app on devices you own or control, for your own use of the Services. The phone app may update itself automatically.

Device Permissions

The phone app may ask for permission to use your microphone and speech recognition (for voice input), camera and photos (to attach images), and notifications (to alert you about Builds, your Apps, and your account). It may also read your clipboard to find a sign-in link you copied; on some devices this happens without a separate permission prompt. You can decline or withdraw these permissions in your device settings, but some features may not work without them. How we handle this information is described in the Privacy Policy.

Purchases in the Phone App

Where the phone app offers purchases of funds through the Apple App Store or Google Play, the purchase is processed by Apple or Google under their terms, and refunds are handled only by them. The amount added to your Balance is the purchase price less the store's fee, as shown before you buy. If Apple or Google refunds or reverses a purchase, we deduct the credited amount from your Balance (but not below zero). Funds bought through an app store become part of your Balance and are otherwise governed by "Your Lynqly Balance."

If You Got the Phone App From Apple's App Store

The following terms apply to any version of the phone app you obtain from the Apple App Store, and they control over any conflicting term in these Terms as to that app:

1. Parties: These Terms are between you and Lynqly only, and not with Apple Inc. ("Apple"). Lynqly, not Apple, is solely responsible for the phone app and its content.

2. Scope of License: Your license to use the phone app is limited to a non-transferable license to use it on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the phone app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

3. Maintenance and Support: Lynqly is solely responsible for providing any maintenance and support services for the phone app, as described in these Terms or as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services for the phone app.

4. Warranty: Lynqly is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the phone app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the phone app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the phone app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Lynqly's sole responsibility, to the extent not effectively disclaimed.

5. Product Claims: Lynqly, not Apple, is responsible for addressing any claims by you or any third party relating to the phone app or your possession and use of it, including (a) product liability claims, (b) any claim that the phone app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit Lynqly's liability to you beyond what is permitted by applicable law.

6. Intellectual Property Claims: In the event of any third-party claim that the phone app or your possession and use of it infringes that third party's intellectual property rights, Lynqly, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.

7. Legal Compliance: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: Questions, complaints, and claims about the phone app should be directed to Ostrel Software LLC, 522 W Riverside Ave, Ste N, Spokane, WA 99201, support@lynqly.com.

9. Third-Party Terms: You must comply with applicable third-party terms of agreement when using the phone app (for example, your wireless data service agreement).

10. Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the phone app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If You Got the Phone App From Google Play

If you obtain the phone app from Google Play, Google LLC is not a party to these Terms and is not responsible for the phone app. Your use of Google Play, and any purchase you make through it, is also subject to the Google Play Terms of Service and Google's payment terms.

13Beta, preview, and on-request features

1. What These Are: Some features are labeled beta, preview, early access, or "on request," are available only to some customers, or are enabled for your account or App by Lynqly on request (for example, importing an App from another platform). We call these "Preview Features."

2. Provided As Is: Preview Features may be incomplete, may contain errors, may have usage limits, and may be changed, suspended, or discontinued at any time without notice. They are provided "as is," without any warranty or commitment, even where other parts of these Terms give one, and may be excluded from any support.

3. Descriptions of Future Features: Descriptions of features that are not yet generally available, including on our website, are not commitments to deliver them. Purchase decisions should be based only on features that are available when you buy.

4. Specific Terms: A Preview Feature may come with additional terms shown when you enable it. Those terms are part of these Terms.

14Domain registration services

Domain Registration Services (Reseller)

Lynqly as Authorized Registrar Reseller:

Lynqly offers domain name registration and management services through our platform as an authorized reseller of NameSilo, LLC, an ICANN-accredited domain registrar. When you register or manage a domain through the Lynqly platform:

1. Sponsoring Registrar: Your domain registration is provided by and registered through NameSilo, LLC (the "Sponsoring Registrar"). You can verify the sponsoring registrar through ICANN's WHOIS/RDDS lookup or InterNIC at any time.

2. Multiple Agreements Apply: Your domain registration is subject to and governed by:

   • NameSilo's Registrar Registration Agreement (available at https://www.namesilo.com/support/terms-and-conditions)
   • ICANN policies, including the Uniform Domain Name Dispute Resolution Policy (UDRP), Transfer Policy, and other applicable ICANN consensus policies
   • The applicable top-level domain (TLD) registry operator policies
   • These Lynqly Terms of Service

   By registering a domain through Lynqly, you expressly agree to be bound by the Sponsoring Registrar's registration agreement and all applicable ICANN and registry policies. You acknowledge that you have reviewed, or had the opportunity to review, these agreements before completing your registration.

3. You Are the Registrant Owner: When you register a domain through Lynqly, you are the beneficial owner and registrant of record for that domain (subject to WHOIS privacy service if enabled). You have full ownership rights and all the responsibilities of a domain registrant, including:

   • The obligation to provide accurate and current registration information
   • Compliance with applicable ICANN policies and registry requirements
   • Timely renewal to maintain ownership
   • Responsibility for domain use and content hosted on the domain

4. Registration Data Processing: When you register a domain through our Services, you provide registration information (contact details, name, address, email, phone number) through our interface. By submitting this information, you authorize us to transmit your registration data to:

   • The Sponsoring Registrar (NameSilo, LLC)
   • The applicable TLD registry operator
   • ICANN and ICANN-designated escrow providers (as required by ICANN for data protection)
   • WHOIS privacy service providers (if privacy service is enabled)
   • Other service providers necessary to complete, maintain, and support your domain registration

   You consent to this data processing and acknowledge that your registration data will be processed in accordance with our Privacy Policy, the Sponsoring Registrar's privacy policy, and applicable data protection laws.

5. Accurate Registration Information Required (ICANN Requirement): You are required by ICANN policy to provide accurate, complete, and current registration information (registrant name, administrative contact, technical contact, billing contact, postal addresses, email addresses, and telephone numbers) and to update this information within seven (7) days of any changes.

   Providing willfully false or inaccurate information, or failing to update information to maintain its accuracy, may result in domain suspension or cancellation under ICANN and registrar policies. You may also be subject to legal action if false information causes harm to third parties.

6. WHOIS Privacy Service (Free with Registration): Where supported by the TLD registry, Lynqly provides WHOIS privacy protection at no additional charge with domain registrations. Our WHOIS privacy service is provided through the Sponsoring Registrar's designated privacy service (which utilizes PrivacyGuardian.org or another authorized WHOIS privacy provider as designated by the registrar).

   How WHOIS Privacy Works:

   • WHOIS privacy replaces your public WHOIS/RDDS contact details (name, address, email, phone) with alternative contact information provided by the privacy service
   • You remain the beneficial owner and registrant of record for the domain
   • Your actual registration data remains on file with the Sponsoring Registrar and registry, and is used for required communications, compliance, and enforcement purposes
   • The privacy service forwards legitimate communications to your actual contact information
   • Some TLDs may display registrant organization name even when privacy is enabled

   WHOIS Privacy Limitations and Restrictions:

   • WHOIS privacy is not available for certain TLDs that prohibit or restrict privacy services under registry policy, including but not limited to: .us, .eu, .ca (for Canadian residents), .in, .tickets, .co.uk, and other ccTLDs or gTLDs as specified by registry policies
   • When privacy is unavailable for your TLD, your registration contact information will be displayed publicly in WHOIS as required by the registry
   • WHOIS privacy may be disabled or suspended if required by:
     • Valid legal process (subpoena, court order)
     • ICANN policy compliance or enforcement
     • Registry operator request for abuse or policy violation
     • Resolution of disputes under UDRP or other policies
   • WHOIS privacy does NOT make you anonymous to the Sponsoring Registrar, registry operators, ICANN, legal authorities, or parties with valid legal claims
   • WHOIS privacy does NOT protect against valid trademark claims, cease-and-desist demands, or legal liability for how you use the domain

7. Domain Pricing: Domain registration pricing varies by TLD and is set by the Sponsoring Registrar based on registry operator wholesale pricing. Current registration pricing is displayed during the checkout process before you complete your purchase. Domain pricing typically includes:

   • Registry operator fees (set by the TLD registry operator, such as Verisign for .com)
   • Registrar service fees (set by NameSilo, LLC)
   • ICANN fees (a small per-domain-year fee set by ICANN, where applicable)
   • Local taxes, VAT, or government-imposed fees (where required by law in your jurisdiction)

   Premium Domain Pricing: Some domains may be designated as "premium" by the TLD registry operator and carry registration and/or renewal fees significantly higher than standard pricing (ranging from hundreds to millions of dollars). Premium pricing is set by the registry operator and is beyond the control of Lynqly or the Sponsoring Registrar. Premium pricing will be clearly disclosed during the registration process before you complete your purchase, and you must accept the premium pricing to proceed.

8. Lynqly Service Fee: Domain registration pricing displayed at checkout represents the total cost to register the domain through our Services and includes all applicable registry fees, registrar service fees, transaction fees, and required charges (ICANN fees, taxes where applicable). Pricing may vary from direct registrar pricing as we provide integrated domain intelligence and registration services.

9. Renewals and Auto-Renewal: Domain registrations are typically for one-year initial terms and must be renewed before expiration to maintain ownership. You are solely responsible for renewing your domains before they expire. We may offer optional auto-renewal services subject to separate authorization and settings.

   Failure to renew may result in:

   • Domain expiration and entry into redemption period (with higher recovery fees)
   • Loss of the domain after redemption period ends
   • Potential registration of the domain by another party

   Renewal pricing may differ from initial registration pricing and is subject to change by the Sponsoring Registrar based on registry pricing.

10. Domain Transfers: You may transfer your domain registration to another ICANN-accredited registrar subject to:

    • ICANN Transfer Policy requirements
    • Sponsoring Registrar's transfer authorization procedures
    • Minimum 60-day lock period after initial registration or previous transfer (ICANN requirement to prevent hijacking)
    • Payment of any outstanding fees

11. Third-Party Domain Services: While domain registration is performed through the Sponsoring Registrar's systems, certain domain-related functions depend on third-party infrastructure including:

    • Registry operators (e.g., Verisign for .com/.net)
    • Shared Registration System (SRS) and Extensible Provisioning Protocol (EPP) systems
    • WHOIS/RDDS database providers
    • DNS infrastructure providers
    • Escrow providers (for ICANN data protection requirements)

    We are not responsible for outages, delays, or failures caused by these third-party systems, but we will provide reasonable support and communicate status to you when issues arise.

12. Using a Registered Domain With Your App: You can connect a domain you registered through Lynqly to an App, as described in "Custom Domains." Your domain registration is separate from your App's Hosting Plan. Ending a Hosting Plan does not cancel or transfer your domain, and cancelling a domain does not end a Hosting Plan.

15Domain availability and registration

Availability Disclaimers

1. Real-Time Changes: Domain availability changes in real time as domains are registered globally by the second. A domain shown as "available" in our availability scan may become unavailable at any moment, including during the time between when you view our availability results and when you complete your registration through our checkout process.

2. Scanning Limitations: While we check domain availability through the Sponsoring Registrar's systems and public WHOIS/RDDS databases using industry-standard methods, our availability scans may not always be 100% accurate due to:

   • Technical limitations and system response delays
   • Registry operator processing delays and batch update schedules
   • Temporary network issues, API rate limiting, or service unavailability
   • Domains in pending registration, redemption, or grace period status
   • Recently registered domains not yet reflected in WHOIS databases
   • Domains protected by registry or registrar holds, locks, or reserved status
   • Domain names subject to sunrise periods, landrush periods, or trademark claims
   • Discrepancies between real-time registry data and cached lookup results

3. No Reservation or Hold: Identifying a domain as "available" through our Services does not reserve, hold, or guarantee that domain for you. Domains are registered on a first-come, first-served basis globally. If another party registers the domain before you complete your registration checkout, the domain will no longer be available to you, even if our system showed it as available moments earlier.

4. Registration Processing Through Sponsoring Registrar: When you initiate domain registration through Lynqly, your registration request is transmitted to the Sponsoring Registrar (NameSilo, LLC) and submitted to the applicable TLD registry operator. Registration may be denied, delayed, or fail due to any of the following:

   • Domain becoming unavailable after our availability check (registered by another party)
   • Registry restrictions, holds, reserved names, or policy blocks on the domain
   • Premium pricing not accepted or payment authorization failure
   • Registrar or registry system outages, maintenance, or technical failures
   • Incomplete, inaccurate, or unverifiable registration information provided
   • Payment processing failures or fraud prevention flags
   • Violations of registrar policies, registry policies, or ICANN requirements
   • Your account being flagged for abuse, fraud, or policy violations

5. Premium Domains: Some domains shown as "available" may be designated as premium domains by the TLD registry operator. Premium domains carry registration fees significantly higher than standard registration pricing. Premium pricing is set unilaterally by the TLD registry operator (not by Lynqly or the Sponsoring Registrar) and can range from hundreds of dollars to millions of dollars per year. Premium pricing will be clearly disclosed during the registration checkout process before you complete your purchase. You must explicitly accept premium pricing to proceed with registration.

Domain Registration Pricing Transparency

1. Separate Domain Registration Fee: The domain registration fee you pay when registering a domain is separate from and in addition to your Lynqly intelligence service fees (Project Pass). Domain registration fees are collected by Lynqly and paid to the Sponsoring Registrar and applicable registry operators according to our reseller agreement.

2. Pricing Display and Breakdown: Current domain registration pricing is displayed during the registration checkout process before payment. Pricing varies by TLD and typically includes:

   • Registry operator fees (wholesale fees set by the TLD registry, such as Verisign for .com domains)
   • Registrar service fees (service fees charged by NameSilo, LLC)
   • ICANN transaction fees (a small per-domain-year fee for most gTLDs where applicable, set and subject to change by ICANN)
   • Applicable taxes, VAT, or government fees (where required by law in your billing jurisdiction)

3. Standard vs. Premium Pricing: Standard domain registration fees (shown at checkout for each TLD) are set by the Sponsoring Registrar based on registry wholesale pricing plus registrar service margins. Different TLDs have different pricing structures based on registry pricing policies.

4. Premium Domain Pricing Disclosure: Premium domains carry special registration fees set by the TLD registry operator that can be exponentially higher than standard pricing. Premium status and pricing is determined by the registry operator based on perceived domain value, desirability, or registration demand. Premium pricing is beyond the control of Lynqly or the Sponsoring Registrar and must be paid as a condition of registration. We will always disclose premium pricing before you complete checkout.

5. Renewal Pricing: Domain registrations must be renewed before expiration to maintain ownership. Renewal pricing may differ from initial registration pricing and is subject to change by the Sponsoring Registrar and registry operators. You are responsible for tracking renewal dates and ensuring timely renewal to avoid domain expiration.

6. Lynqly Service Fee: Domain registration pricing displayed at checkout represents the total cost to register the domain through our Services and includes all applicable registry fees, registrar service fees, transaction fees, and required charges (ICANN fees, taxes where applicable). Pricing may vary from direct registrar pricing as we provide integrated domain intelligence and registration services.

7. Intelligence Service vs. Registration Fees: Your Lynqly Project Pass fee (the amount shown at checkout) covers domain intelligence services: AI-powered domain generation, availability scanning, market analysis, ranking, brand analysis dossiers, and decision tools. Domain registration fees (when you choose to register domains) are separate optional purchases, with pricing displayed at checkout before payment.

16AI-generated content and analysis

Nature of AI Output

You understand and acknowledge that:

1. AI-Generated Output: Plans, code, App pages and logic, text, images, brand directions, names, suggestions, domain names, brand analysis, market intelligence, verification results, and other Output provided through our Services are generated or processed using artificial intelligence, machine learning models, and automated algorithms, including models operated by third-party AI providers.

2. Not Professional Judgment: AI-generated analysis, rankings, scores, code, and recommendations are algorithmic outputs based on data processing and statistical models, not professional opinions, expert advice, or human judgment. They should be used as tools to inform your decisions, not as substitutes for human judgment, professional advice, testing, or independent verification.

3. Inherent AI Limitations: AI systems have inherent limitations including, but not limited to:

   • Potential biases in training data that may affect outputs
   • Inability to understand nuanced context, cultural sensitivities, or subjective factors as humans do
   • Potential for errors, inaccuracies, invented facts, or unexpected outputs
   • Code that may contain bugs, security vulnerabilities, accessibility gaps, or behavior you did not intend
   • Limitations in creative judgment, strategic thinking, and future prediction
   • Reliance on historical data that may not reflect current or future conditions

4. No Warranty of Accuracy: We do not warrant that Output, including suggestions, code, analysis, scores, valuations, market forecasts, or verification results, is accurate, complete, secure, reliable, current, unbiased, non-infringing, or suitable for any particular purpose or market.

5. Output May Not Be Unique: Output may be similar or identical to output generated for other users. Your rights in Output do not extend to similar output generated independently for others.

6. Continuous Evolution: Our AI models, providers, algorithms, and methodologies are continuously updated and changed. Output provided at different times for similar inputs may differ.

Your Responsibility

You are solely responsible for:

• Evaluating all Output using your own judgment and expertise
• Reviewing and testing any App, code, or content before you publish or rely on it
• Conducting independent verification and due diligence before making business decisions
• Making final decisions about your App, domain names, business strategy, and brand direction
• Ensuring compliance with all applicable laws, regulations, trademark rights, and third-party rights
• Understanding that AI outputs are probabilistic and may contain errors

17Project sharing and collaboration

User-Initiated Sharing Features

Lynqly provides features that allow you to share your project results, domain intelligence, and analysis with others through:

• Invite links sent to specific email addresses
• Shareable project links with access controls you configure
• Collaborative access to project results

You control who has access to your projects through these sharing features.

Your Responsibility for Sharing

When you share a project or invite others to view your project results, you acknowledge and agree that:

1. You Control Access: You are solely responsible for deciding who to share your projects with and managing access permissions. Lynqly does not review, approve, or monitor who you invite or share with.

2. Confidentiality Is Your Risk: If you share confidential information, proprietary business strategies, or sensitive domain ideas with others, you bear the risk of that disclosure. Sharing projects may destroy confidentiality, trade secret protection, or first-mover advantage.

3. Third-Party Actions: You are responsible for the actions of anyone you invite or share with. If a person you invite or share with:

   • Steals your domain ideas or business concepts
   • Shares your information further without authorization
   • Misuses your confidential information
   • Registers domains you were considering
   • Competes with you using your shared information

   You agree that Lynqly has no liability for such actions. These are risks you assume by choosing to share.

4. Vetting Recipients: You are responsible for vetting and trusting anyone you invite or share with. Lynqly does not verify the identity, intentions, or trustworthiness of people you invite.

5. Accidental Sharing: If you share with the wrong person (wrong email address, wrong link sent, public link created accidentally), you bear the responsibility and consequences. We cannot "un-share" information once accessed.

6. No Confidentiality Obligations on Recipients: Lynqly does not impose confidentiality obligations on people you invite or share with. If you need confidentiality protection, you must obtain written non-disclosure agreements (NDAs) directly from recipients before sharing.

7. Data Privacy Compliance: If you share projects that contain other people's personal information (team members, collaborators, contacts), you are responsible for complying with applicable privacy laws and obtaining necessary consents before sharing their data.

8. Access Revocation: While you can revoke sharing access through your account settings, information already viewed or copied by recipients before revocation cannot be retrieved.

What Lynqly Does NOT Do

You specifically acknowledge that Lynqly:

1. Does NOT review or approve who you share with
2. Does NOT verify recipient identities or trustworthiness
3. Does NOT impose confidentiality obligations on recipients
4. Does NOT monitor what recipients do with shared information
5. Does NOT encrypt shared content beyond standard HTTPS transmission
6. Does NOT prevent screenshots, copying, or downloads by recipients
7. Does NOT provide legal advice about sharing risks or confidentiality protection
8. Does NOT mediate disputes between you and people you share with

Sharing Feature Disclaimers

• Sharing inherently reduces confidentiality and control over your information
• Anyone with access to a shared project can view all domain suggestions, AI analysis, brand dossiers, and project brief content you provided
• Recipients may copy, screenshot, download, or memorize information from shared projects
• Revoking access does not erase information already accessed
• We have no control over how recipients use or further share information you provide them access to

• Theft, misuse, or misappropriation of your ideas, domains, or strategies by people you share with
• Loss of confidentiality, trade secrets, or competitive advantage due to sharing
• Disputes, conflicts, or legal claims arising from your sharing decisions
• Accidental sharing, sharing with wrong recipients, or unintended access grants
• Actions taken by recipients including registering domains you were considering
• Any damages arising from your use of sharing features

Recommendations for Safe Sharing

While not required, we recommend:

• ✅ Only share with people you trust completely
• ✅ Obtain written NDAs before sharing confidential information
• ✅ Limit sharing to final project results, not preliminary ideas
• ✅ Review who has access regularly and revoke access promptly when no longer needed
• ✅ Consider the risk that shared information could reach competitors
• ✅ Do not share projects containing highly sensitive trade secrets
• ✅ Verify recipient email addresses carefully before sending invites
• ✅ Consider that "private" still means "shared with others you've chosen"

Remember: Sharing is permanent in practice. Once someone sees your information, you cannot control what they do with it.

18User accounts and security

Account Creation and Maintenance

When you create an account with Lynqly, you agree to the following:

1. Accurate Information: You will provide accurate, current, and complete information during registration and keep your account information updated, including a working email address.

2. Age Requirement: You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years or older.

3. One Account Per Person: You will create only one account for yourself and will not create accounts for others without authorization. You will not create multiple accounts to obtain additional free planning, discounts, trials, rewards, or refunds.

4. Account Security: You are responsible for:

   • Maintaining the confidentiality of your password, account credentials, and your email account (because we may sign you in with codes or links sent to your email)
   • Keeping sign-in links and codes we send you private, because anyone who uses one before it expires may be able to access your account
   • All activities that occur under your account, including Builds, charges to your Balance, published Apps, and domain registrations
   • Notifying us immediately of any unauthorized access or security breach
   • Taking necessary precautions to prevent unauthorized access

5. No Account Sharing: You will not share your account credentials or allow others to access your account without our prior written authorization. To give others access to an App's admin areas, use Team Members.

6. No False Identity: You will not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

7. Account Deletion by User: You may request deletion of your account at any time through your account settings, subject to completion of any outstanding obligations (including domain renewals if you have active domain registrations). Deleting your account also deletes every App you own: about thirty (30) days after your request, we permanently delete your account, your Apps and their data (as described in the Privacy Policy), and your subscriptions end without a prorated refund. Export anything you want to keep before you request deletion. Account deletion does not cancel domain registrations, which remain with the Sponsoring Registrar in your name. Any remaining Balance is handled as described in "Your Lynqly Balance."

8. Account Suspension or Termination by Lynqly: We may suspend or terminate your account as described in the Suspension and Termination section.

19Acceptable use policy

Prohibited Conduct

You agree that you will NOT, and will not use the Services or any App to:

1. Violate Laws: Use the Services in any manner that violates any applicable federal, state, local, or international law or regulation.

2. Infringe Rights: Use the Services in any manner that infringes, misappropriates, or violates any intellectual property rights, privacy rights, publicity rights, or other rights of any third party.

3. Abuse Systems:

   • Use automated systems (bots, scrapers, crawlers) to access the Services except as explicitly permitted
   • Attempt to bypass any rate limiting, usage limit, plan limit, access controls, moderation, or security measures
   • Reverse engineer, decompile, or disassemble any aspect of the Lynqly Platform, except to the extent the law or the license for the Lynqly Runtime permits it
   • Probe, scan, or test the vulnerability of the Services or any associated systems, except through a security disclosure process we publish
   • Access or attempt to access another customer's App, data, or account

4. Interfere with Services:

   • Impose unreasonable loads on our infrastructure, including through your App
   • Interfere with or disrupt the Services or servers/networks connected to the Services
   • Introduce viruses, malware, or other malicious code
   • Attempt to gain unauthorized access to any portion of the Services
   • Use the Services for cryptocurrency mining, running proxies or open relays, or other uses unrelated to operating your App

5. Misuse the Lynqly Platform:

   • Republish, redistribute, or resell the Services, the Lynqly Platform, or domain intelligence analysis provided to you, except that you may use, publish, sell, and distribute your own App and your App Content
   • Copy the Lynqly Platform, or use the Services or the Lynqly Runtime in a way that is a Competing Use under the Lynqly Runtime license, to build or offer a service that competes with the Lynqly Platform
   • Frame or mirror any part of the Lynqly Platform without authorization

6. Abuse Guarantees, Discounts, and Free Features:

   • Attempt to manipulate results to qualify for refunds or the Build Guarantee
   • Submit fraudulent refund requests or chargebacks
   • Abuse the money-back guarantee, the Build Guarantee, free planning, free trials, discounts, rewards, or referrals through multiple accounts or fraudulent means

7. Harmful Content and Harmful Apps: Build, host, publish, or send through the Services any App or content that:

   • Sexually exploits or endangers minors, including child sexual abuse material, which we report to the National Center for Missing and Exploited Children and to law enforcement
   • Is sexually explicit or pornographic, or offers sexual services
   • Promotes or facilitates human trafficking, terrorism, violent extremism, self-harm, or violence against people
   • Harasses, threatens, bullies, or defames anyone, promotes hatred against people based on protected characteristics, or discloses private information about someone without permission
   • Sells or facilitates illegal goods or services, including illegal drugs, counterfeit goods, stolen data or accounts, and illegal weapons
   • Sells regulated goods or services (such as alcohol, cannabis, tobacco and vaping products, firearms and ammunition, prescription drugs, or gambling) without all required licenses, or in places or to people where the law does not allow it, or in breach of our payment processor's rules
   • Offers financial services that require a license (such as money transmission, lending, currency exchange, securities or investment offerings, or cryptocurrency exchange or custody) without that license
   • Is deceptive or fraudulent, including phishing, impersonating another person, brand, business, or government body, fake reviews, pyramid or get-rich-quick schemes, and scams
   • Distributes malware, spyware, or code designed to harm or gain unauthorized access to devices, systems, or data
   • Sends spam or unsolicited messages, or messages without the consent the law requires
   • Is directed to children under thirteen (13), or knowingly collects personal information from children under thirteen (13)
   • Collects data described in "Data You Must Not Collect Through Lynqly" contrary to that section
   • Makes decisions about people's eligibility for credit, housing, employment, insurance, education, or health care through automated means without the human review and legal compliance those decisions require
   • Registers or uses domains for illegal purposes, trademark infringement, phishing, malware distribution, or abuse

8. Commercial Misuse:

   • Resell, sublicense, or redistribute access to the Lynqly Platform without authorization (building and operating Apps for your clients is permitted, but you remain responsible for those Apps under these Terms)
   • Use the Services on behalf of third parties without proper authorization
   • Represent yourself as affiliated with Lynqly without authorization

9. Payments Misuse:

   • Use Lynqly Payments for any business that is prohibited or restricted under Stripe's list of restricted businesses
   • Add a buyer-facing surcharge or "processing fee" line item to what a Buyer pays
   • Collect, store, or transmit card details outside Stripe-hosted fields or Stripe-hosted checkout
   • Use Lynqly Payments to move money for others, or use one Connected Account to collect payments for another business or person

10. Misuse of AI Providers: Use AI features in a way that violates the usage policies of the AI providers we use, including attempts to make an AI produce content prohibited by this section.

Consequences of Violation

Violation of this Acceptable Use Policy may result in:

• Refusal to plan or build a request
• Removal or disabling of content, custom code, connections, messages, or an App, or taking an App offline
• Immediate suspension or termination of your account
• Suspension of Lynqly Payments or marketplace features
• Suspension or cancellation of domain registrations facilitated through your account (subject to registrar policies)
• Forfeiture of paid fees and Balance without refund, to the extent the law allows
• Legal action to recover damages and enforce our rights
• Reporting to appropriate law enforcement authorities, ICANN, registry operators, payment processors, or app stores

Reporting Abuse

To report an App or content hosted by Lynqly that you believe violates these Terms, email legal@lynqly.com with the web address of the App and a description of the problem. For copyright complaints, follow the process in the Copyright and Content Complaints section.

20Copyright and content complaints

Our Policy

Lynqly respects the intellectual property rights of others and expects its users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), and we may remove or disable access to material hosted through the Services, including in Apps, that is alleged to infringe.

Designated Copyright Agent

Send copyright notices to our designated agent:

Copyright Agent
Ostrel Software LLC
522 W Riverside Ave, Ste N
Spokane, WA 99201
Email: legal@lynqly.com

What a Notice Must Include

Your notice must be in writing and include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
2. Identification of the copyrighted work claimed to have been infringed (or, for multiple works, a representative list);
3. Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, such as the web address of the page in the App;
4. Your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter-Notices

If material you posted was removed because of a notice and you believe the removal was a mistake or misidentification, you may send our Copyright Agent a counter-notice that includes:

1. Your physical or electronic signature;
2. Identification of the material that was removed and where it appeared before removal;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Lynqly may be found), and that you will accept service of process from the person who provided the original notice or that person's agent.

If we receive a valid counter-notice, we will forward it to the person who sent the original notice and may restore the material no less than ten (10) and no more than fourteen (14) business days after we receive the counter-notice, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringement.

Repeat Infringers

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

Misrepresentations

Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages.

Other Complaints

Trademark, privacy, and other complaints about content hosted through the Services can be sent to legal@lynqly.com. Complaints about an App's business practices should be directed to the App's Owner. We may share your complaint, including your contact details, with the App's Owner.

21Intellectual property rights

Lynqly's Proprietary Rights

1. Ownership: The Lynqly Platform, including all content, features, functionality, software, algorithms, artificial intelligence models and prompts, templates, components, user interfaces, visual designs, trademarks, logos, and other materials (collectively, the "Lynqly Property") is owned by Ostrel Software LLC, its Affiliates, its licensors, or other providers of such material, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms transfers any right, title, or interest in the Lynqly Property to you, except the licenses expressly granted in these Terms. Lynqly Property does not include your User Content.

2. Trademarks: LYNQLY, the Lynqly logo, and other Lynqly graphics, logos, and service names are trademarks or registered trademarks of Ostrel Software LLC or its Affiliates. You may not use these trademarks without our prior written permission, except to display the "Made with Lynqly" badge as the Services provide it and to state truthfully that your App is built or hosted with Lynqly. No license to the Lynqly Runtime or to any exported App includes a license to our trademarks.

3. Limited License to the Services: Subject to your compliance with these Terms, Lynqly grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes, including to build, host, operate, and sell through your Apps.

4. Restrictions: Except as these Terms or the Lynqly Runtime license expressly permit, you may not:

   • Copy, modify, or create derivative works of the Lynqly Platform
   • Reverse engineer, decompile, or disassemble the Lynqly Platform
   • Remove, alter, or obscure any copyright, trademark, or other proprietary notices
   • Use the Services or Lynqly Property beyond the scope of the license granted

   These restrictions do not apply to your App Content, and do not limit your rights in an exported App or under the Lynqly Runtime license.

Your Apps and App Content

1. You Own Your App: As between you and Lynqly, you own your App Content, including the code, pages, text, images, brand assets, data, and records of your App. Lynqly claims no ownership of your App.

2. Output Created for You: To the extent Lynqly has any rights in Output created for you by the Services (including Output created for your App), Lynqly assigns those rights to you, subject to your compliance with these Terms. This assignment does not include the Lynqly Platform, the Lynqly Runtime, or third-party materials.

3. Lynqly Code in Your App: Your App, and any export of it, may include code, components, and templates that Lynqly provides, other than the Lynqly Runtime. Lynqly grants you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, copy, modify, host, and distribute that code as part of your App and apps derived from it, including after you export and after you stop using the Services. This license does not permit you to offer that code on its own, or as part of a tool for building apps for others, as a service that competes with the Lynqly Platform.

4. The Lynqly Runtime: The Lynqly Runtime is licensed under the Functional Source License, Version 1.1, with the MIT License as its future license (FSL-1.1-MIT), as stated in the license file distributed with each release. That license permits use for any purpose other than a "Competing Use," and each release becomes available under the MIT License on the second anniversary of its release. The license file controls if it conflicts with this summary. As an additional permission from Lynqly, running, hosting, modifying, or having a service provider host your own App (including an exported App) for your business and your App's End Users is not a Competing Use. The Lynqly Runtime is not open source software until a release becomes available under the MIT License.

5. Third-Party Components: Your App may include open-source or other third-party components, which are licensed under their own terms. Those terms govern those components.

6. Protection of AI Output: The law on intellectual property in AI-generated material is unsettled. In some countries, including the United States, material generated by AI without sufficient human authorship may not be protected by copyright. We do not promise that you will be able to register or enforce intellectual property rights in any Output.

License You Give Lynqly

1. To Run the Services: You grant Lynqly and its service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, perform, adapt (for example, to reformat, resize, or translate for technical purposes), and create derivative works of your User Content (for example, screenshots, share images, previews, delivery reports, and recordings of your draft App), in each case only as needed to provide, secure, support, and improve the Services for you, to carry out your instructions, and to comply with law. This license lasts while your User Content is on the Services and for any period needed to complete deletion, and survives only as needed for records we keep under these Terms or by law.

2. No Marketing Use Without Permission: We will not use your App, its name, or its content in our marketing without your permission.

3. Feedback: If you give us suggestions or feedback about the Services, we may use them without restriction or obligation to you.

AI Training and Improvement

1. App Builder: Lynqly does not use your App Content or End User Data to train AI models. Third-party AI providers process your Input and App Content to provide the Services under their own terms, which the Privacy Policy describes.

2. Domain Services: You acknowledge that aggregated, anonymized, or de-identified data derived from your use of our domain services may be used to train, improve, and develop our domain intelligence models and Services. Your specific project data and domain selections are not used in a manner that would expose your specific data to other users.

3. Service Improvement: We may use aggregated or de-identified data about how the Services are used (for example, usage volumes, error rates, and feature adoption) to operate, secure, and improve the Services.

Your Representations

You represent and warrant that you have all necessary rights to provide your User Content to Lynqly and to grant the licenses in these Terms, and that your User Content and your App do not violate any third-party rights or applicable laws.

Domain Registration Ownership

When you register a domain through Lynqly's reseller service:

1. You Own the Domain: You are the registrant and beneficial owner of the domain (subject to WHOIS privacy service if enabled)
2. Direct Relationship: Your registration creates a direct relationship with the Sponsoring Registrar under their registration agreement
3. Transfer Rights: You may transfer the domain to another registrar subject to ICANN transfer policies
4. Intellectual Property in Domain Name: While you own the domain registration, you are solely responsible for ensuring that your domain name selection does not infringe third-party trademark rights or other intellectual property rights

22Data processing terms for app owners

This section applies to End User Data that Lynqly processes on your behalf through your Apps. It is part of these Terms. If it conflicts with another part of these Terms as to End User Data, this section controls. Information about you as a Lynqly customer is governed by the Privacy Policy.

Roles

1. You Are the Controller: For End User Data, you are the controller (and, under U.S. state privacy laws, the business or controller), and Lynqly is your processor (and your service provider or processor). You decide what End User Data your App collects and why.

2. Lynqly's Own Limited Uses: Lynqly may also use End User Data, as a separate controller and only to the extent the law allows, to secure the Services and prevent fraud and abuse, to measure usage for billing and plan limits, to respond to legal process and enforce these Terms, and to create aggregated or de-identified statistics that do not identify any End User.

Your Instructions

Lynqly will process End User Data only on your documented instructions, unless the law requires otherwise (in which case we will tell you before processing, unless the law prohibits it). Your instructions are these Terms, the way you configure and use your App and the Services (for example, the data your App collects, the messages it sends, the AI steps and connections you add, your read settings, and your use of Export), and any written instructions you send us that we accept. We will tell you if we believe an instruction violates data protection law.

Details of Processing

1. Subject Matter and Nature: Hosting, storing, transmitting, displaying, and otherwise processing End User Data to run your App, including member accounts and sign-in, forms and records, email, text messages and push notifications, AI steps, connections you configure, payments records, your admin back office and Team Member access, testing, support, and Export.

2. Duration: For as long as your App is on the Services and until deletion as described below.

3. Data Subjects: Your App's End Users, including visitors, Members, Buyers, Sellers, message recipients, and Team Members.

4. Categories of Data: The End User Data your App collects, which may include names, contact details, account credentials (stored as hashes), profile details, records and content End Users submit, order, booking, and payment records (without full card numbers), messages, device push tokens, and usage records. You will not cause special or sensitive categories of data to be processed except as permitted by "Data You Must Not Collect Through Lynqly."

5. What Our AI Build Agents See: When our AI agents build or change your App, we give them your App's structure, including the names of its data fields, and not the values stored in your App's records. AI steps you add to your App do send the information you configure them to send.

Lynqly's Obligations

1. Confidentiality: We will ensure that people authorized to process End User Data are bound by confidentiality obligations and access it only as needed to provide the Services, including support, testing, security, and abuse investigation.

2. Security: We will maintain appropriate technical and organizational measures designed to protect End User Data, taking into account the nature of the data and the risks, including encryption in transit, hashing of Member passwords, logical separation of each App's data, and access controls. You are responsible for the security of your own account, your App's settings, your Team Members, and any copies you export.

3. Security Incidents: If we become aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to End User Data on systems we operate, we will notify you without undue delay and provide the information reasonably available to us to help you meet your own obligations. Our notice is not an admission of fault.

4. End User Requests: You can view, change, and delete your App's records with the tools in your App's admin areas, suspend Members, and export your App's records and Member accounts. If a request from an End User requires something you cannot do with those tools (for example, permanently deleting a Member account), contact support@lynqly.com and we will help within ten (10) business days. If an End User contacts us directly about your App, we will refer them to you and will not respond on your behalf, unless the law requires otherwise.

5. Other Assistance: Taking into account the nature of the processing and the information available to us, we will give you reasonable assistance with data protection impact assessments and consultations with regulators that concern our processing.

6. Information and Audits: On your written request, no more than once a year (or more often if a regulator requires it), we will give you information reasonably necessary to demonstrate our compliance with this section, subject to confidentiality. Any on-site audit will occur only where the law requires it, on reasonable notice, during business hours, and at your cost.

Subprocessors

1. General Authorization: You authorize Lynqly to use subprocessors to process End User Data. We describe our service providers in the section of the Privacy Policy titled "Information Shared With Third-Party Service Providers." We will update that description before a new subprocessor begins processing End User Data. If you object to a new subprocessor on reasonable data protection grounds, tell us at legal@lynqly.com; if we cannot resolve the objection, you may stop using the affected feature or export your App and stop using the Services.

2. Our Responsibility: We will use subprocessors that provide sufficient guarantees for the protection of End User Data and will remain responsible for their performance of our obligations under this section.

3. Your Own Providers Are Not Our Subprocessors: Third-party services you choose to connect to your App (for example, through an API key, webhook, plugin, or connection), and the app stores and developer accounts you use for your App, are your providers, not Lynqly's subprocessors.

Location and International Transfers

Lynqly and its subprocessors may process End User Data in the United States and other countries where they operate. To the extent the EU General Data Protection Regulation, the UK General Data Protection Regulation, or the Swiss Federal Act on Data Protection applies to End User Data that you transfer to Lynqly, and the transfer is not otherwise covered by an adequacy decision or another valid mechanism, the Standard Contractual Clauses adopted by the European Commission in Decision (EU) 2021/914 are incorporated into these Terms (using Module Two where you are a controller and Module Three where you are a processor, with the optional docking clause and optional redress language omitted, a general authorization for subprocessors with notice as described above, Irish law under Clause 17, and the courts of Ireland under Clause 18), together with the UK International Data Transfer Addendum and any adjustments the Swiss law requires, and this section supplies the information required for their annexes.

U.S. State Privacy Law Terms

For End User Data subject to the California Consumer Privacy Act or other U.S. state privacy laws, Lynqly will: (a) not sell or share End User Data (as those laws define "sell" and "share"); (b) not retain, use, or disclose End User Data for any purpose, including a commercial purpose, other than the business purposes of providing the Services to you and the limited uses permitted by "Roles," or outside the direct business relationship between you and Lynqly; (c) not combine End User Data with personal information we receive from others or collect ourselves, except as those laws permit; (d) comply with those laws and provide the level of privacy protection they require; (e) notify you if we determine we can no longer meet our obligations under them; and (f) allow you to take reasonable and appropriate steps to stop and remediate unauthorized use of End User Data. Lynqly certifies that it understands and will comply with these restrictions.

Return and Deletion

1. Return: Export is how you obtain a copy of your App's End User Data, at any time, on every plan.

2. Deletion: When an App is permanently deleted (after Trash or on your instruction), we delete the End User Data stored for it without undue delay and in any case within ninety (90) days, including its records, uploaded files, Member accounts and sign-in sessions, message and notification logs, push tokens, Member purchases and credits, and export files. These deletions do not cover (a) data we must keep by law, (b) records we keep for billing, payments, tax, security, abuse prevention, and to demonstrate our compliance, (c) copies in logs and systems that are deleted or overwritten on their normal schedule, and (d) copies in exports already delivered to you. We will keep any data we retain confidential and use it only for the purposes for which it is retained.

3. Exported Copies: An exported copy of End User Data is under your control, and you are its sole controller, as described in "After You Export."

Your Obligations

You represent and warrant that you have provided all notices and obtained all consents and permissions required for Lynqly to process End User Data as described in these Terms, and that your instructions comply with data protection law. You are responsible for responding to End User requests and for any notifications to End Users and regulators that the law requires of a controller.

23Third-party services and content

Third-Party Integrations

1. Domain Registrar Services: The Services integrate with NameSilo, LLC (Sponsoring Registrar) for domain registration. Registration services are provided by the Sponsoring Registrar subject to their terms and conditions.

2. Payment Processors: Payment processing is handled by third-party processors subject to their terms of service and privacy policies. Our payment processor for card payments is Stripe, Inc. ("Stripe"). Lynqly Payments Connected Accounts are governed by the Stripe Services Agreement and the Stripe Connected Account Agreement. Purchases through the Apple App Store or Google Play are processed by Apple or Google.

3. AI Service Providers: The Services use third-party AI providers, such as Anthropic, OpenAI, and Google, and model access services such as OpenRouter, as well as providers of image generation and speech recognition. Your use of AI features is subject to their use policies.

4. Infrastructure and Messaging Providers: The Services rely on third-party hosting, database, storage, email, text messaging, and push notification providers. The Privacy Policy describes them.

5. App Stores: The phone app and any store versions of your App are distributed through Apple and Google, subject to their terms.

6. Other Third Parties: The Services may integrate with or reference other third-party services, websites, or content, including services you connect to your App ("Third-Party Services").

Disclaimers Regarding Third Parties

1. No Control: Lynqly does not control Third-Party Services and is not responsible for their content, functionality, availability, practices, or service levels.

2. No Endorsement: Inclusion of, integration with, or links to Third-Party Services does not imply endorsement, approval, or recommendation by Lynqly.

3. Your Responsibility: Your use of Third-Party Services is at your own risk and subject to their terms and conditions. You should review their terms before use.

4. No Liability: Lynqly is not liable for any loss or damage arising from your use of or reliance on Third-Party Services, including but not limited to Sponsoring Registrar system outages, registry operator failures, payment processor issues, app store decisions, messaging carrier filtering, or AI service provider limitations.

24Data and market information

Sources and Accuracy

1. Multiple Sources: Market intelligence, competitive data, and other information used in our Services may come from multiple sources including public databases, third-party data providers, web scraping, API integrations, and proprietary research.

2. No Guarantee of Accuracy: While we strive for accuracy, we do not guarantee that data or information provided through the Services is accurate, complete, current, or reliable.

3. Information Delays: Market data and domain availability information may be delayed or outdated due to technical limitations, data source delays, caching, or processing time.

4. Your Verification: You are solely responsible for independently verifying any information provided through the Services before making business decisions or domain registration decisions.

25Changes to the services and terms

Service Modifications

1. Right to Modify: Lynqly may modify, suspend, or discontinue any aspect of the Services at any time. Where a change materially reduces a paid Service you are currently paying for, we will give you reasonable advance notice where practical. The notice periods for price changes, Platform Fee changes, fair-use levels and usage rates, export scope, and discontinuation of the App Builder in these Terms apply.

2. Feature Changes: Features, functionality, AI models and providers, limits, scoring methodologies, domain registration pricing, and other aspects of the Services may change over time. We are not obligated to maintain any specific features or functionality, except as these Terms expressly provide.

3. No Liability: Lynqly is not liable for any modification, suspension, or discontinuation of the Services when conducted in good faith for business or technical reasons, except as these Terms expressly provide.

Terms Updates

1. Changes to Terms: Lynqly may update these Terms of Service from time to time. We will notify you of material changes by posting the updated Terms on the Site, updating the "Last Updated" date, and, for material changes, notifying account holders by email or in the product.

2. Notice Period: Material changes take effect no sooner than fourteen (14) days after we notify you, except changes required by law or made for security reasons, and changes that only affect new features, which may take effect immediately. We may require you to affirmatively accept updated Terms before continuing to use the Services.

3. Continued Use: Your continued use of the Services after updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree, stop using the Services, and you may export your Apps and cancel your subscriptions.

4. Checking for Updates: We recommend checking the "Last Updated" date each time you use the Services.

5. Disputes Under Prior Terms: Changes to the Arbitration and Dispute Resolution section do not apply to a dispute of which you gave us notice before the change was posted.

26Monitoring and enforcement

Our Rights

Lynqly reserves the right, but has no obligation, to:

1. Monitor use of the Services for compliance with these Terms, including through automated screening of requests and review of Apps by our staff
2. Investigate violations of these Terms or applicable laws, including by reviewing an App and its content
3. Remove, modify, or disable access to any content, User Content, custom code, connection, or App
4. Suspend or terminate accounts as described in the Suspension and Termination section
5. Suspend or cancel domain registrations facilitated through accounts that violate these Terms (subject to registrar policies)
6. Cooperate with law enforcement, regulatory authorities, ICANN, registry operators, payment processors, and app stores
7. Take any other action we deem necessary to protect our rights, property, users, End Users, or comply with legal obligations

No Obligation to Monitor

You acknowledge that:

1. Lynqly has no obligation to monitor, screen, or vet User Content, Apps, user activity, or AI-generated results
2. Lynqly does not routinely review the accuracy, legality, or security of AI-generated Output or of Apps
3. Monitoring, if conducted, does not create any duty or liability on Lynqly's part
4. Lynqly's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision

27Suspension and termination

By You

You may stop using the Services at any time, cancel subscriptions as described in these Terms, and request deletion of your account as described in "Account Deletion by User."

Suspension by Lynqly

We may suspend your account, an App, or any feature (including Lynqly Payments, messaging, AI features, or custom code), immediately and with or without notice, if we reasonably believe that: you or your App has violated these Terms or the law; your use presents a security, fraud, legal, or reputational risk to Lynqly, other customers, End Users, or others; a payment processor, app store, messaging carrier, registrar, or authority requires it; or an amount you owe us is overdue. Where practical, we will tell you why and give you a chance to fix the problem, and we will limit the suspension to what is reasonably needed.

Termination by Lynqly

1. For Breach or Legal Reasons: We may terminate your account or an App on notice if you materially or repeatedly breach these Terms, if you do not fix a problem that caused a suspension, or if the law requires it.

2. Without Cause: We may also terminate your account for any other reason by giving you at least thirty (30) days' notice.

3. Discontinuing the App Builder: If we stop offering the App Builder, we will give you at least ninety (90) days' notice where we are able to, and Export will remain available during that period.

What Happens to Your Apps and Data

1. Export Window: If we terminate your account or an App, you may export your App for at least thirty (30) days after our notice, free of charge, whatever the reason for termination, except where the export would itself be unlawful or would further harm others (for example, where the App contains child sexual abuse material or malware, or an authority directs us not to provide it). During that period your App may be offline.

2. After the Export Window: After that period, we may delete your Apps and their data as described in the Data Processing Terms for App Owners section, subject to the retention described there.

3. Your Stripe Account Is Unaffected: Termination does not close or freeze your Connected Account, which remains yours under the Stripe Agreements. Your App's checkout stops working when your App stops being served.

4. Domains: Domain registrations remain with the Sponsoring Registrar in your name, subject to the Sponsoring Registrar's agreement and ICANN policies, and you may transfer them.

5. Subscriptions and Balance: Termination ends your subscriptions. Refunds of subscriptions and Balance on termination are governed by "Your Lynqly Balance" and "Hosting Plan Subscriptions." Amounts you owe us at termination remain due.

Survival

Sections that by their nature should survive termination survive, as listed in "Survival" under General Provisions.

▲ Key term · read carefully28Disclaimers and warranties

AS-IS PROVISION OF Services

1. IMPLIED WARRANTIES: Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

2. ACCURACY: Any warranty regarding the accuracy, completeness, reliability, timeliness, or usefulness of any information, suggestions, analysis, code, or content provided through the Services.

3. AVAILABILITY: Any warranty that the Services, your Apps, messages, domain registration services, or third-party systems will be uninterrupted, timely, delivered, secure, or error-free.

4. RESULTS: Any warranty regarding the results that may be obtained from use of the Services, including App functionality, security, legal compliance, search ranking, domain name quality, domain registration success, business success, market performance, or any other outcomes.

5. SECURITY: Any warranty that the Services, your Apps, AI-generated code, or our servers are free from vulnerabilities, viruses, malware, or other harmful components.

6. DATA: Any warranty that data stored through the Services will not be lost or corrupted, or can be recovered.

7. THIRD PARTIES: Any warranty regarding third-party services, content, or products accessible through or integrated with the Services, including the Sponsoring Registrar, registry operators, payment processors, app stores, messaging carriers, or AI service providers.

Specific AI-Related Disclaimers

1. AI-generated Output, including code, Apps, text, images, suggestions, and analysis, may contain errors, security vulnerabilities, biases, inaccuracies, or unexpected outputs
2. AI models have inherent limitations in understanding context, creativity, cultural nuances, and subjective judgment
3. AI-generated valuations, scores, and rankings are algorithmic estimates based on historical data and statistical models, not professional appraisals or guarantees of future value
4. Automated verification of a Build checks the approved outcomes only and is not a guarantee that an App is error-free, secure, or legally compliant
5. AI Output should not be relied upon as the sole basis for business decisions, domain registration decisions, legal decisions, or financial decisions
6. We make no warranty that AI-generated content will meet your expectations, requirements, or business objectives

Domain-Related Disclaimers

1. Domain availability can change at any moment and availability information may be outdated or inaccurate due to real-time registration activity globally
2. We do not guarantee that any domain shown as "available" can be successfully registered due to factors beyond our control (pending registrations, registry restrictions, technical failures)
3. Some domains may have premium pricing set by registry operators, trademark conflicts with existing marks, legal restrictions, or reputational risks
4. Domain registration facilitated through the Sponsoring Registrar is subject to their systems, policies, and service levels, which are beyond our direct control
5. We provide no warranty regarding trademark clearance, legal availability, or freedom from third-party claims for any domain name
6. Domain names, even if available and registered successfully, may have trademark infringement risks, legal liability risks, or reputational risks that you are solely responsible for assessing
7. WHOIS privacy services are subject to TLD restrictions and may be disabled under certain circumstances as described in these Terms

Professional Services Disclaimer

Forward-Looking Statements

Any statements, estimates, projections, or analysis regarding potential domain value, market trends, future opportunities, business potential, build costs, build times, or domain name appreciation are forward-looking in nature and subject to significant uncertainty. Actual results may differ materially from any forward-looking information. Lynqly undertakes no obligation to update any forward-looking information.

▲ Key term · read carefully29Limitation of liability

Maximum Liability Cap

1. THE AMOUNT YOU PAID TO LYNQLY FOR SERVICES (NOT INCLUDING DOMAIN REGISTRATION FEES PAID TO THE SPONSORING REGISTRAR) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
2. ONE HUNDRED DOLLARS ($100.00)

Exclusion of Consequential Damages

• Loss of profits, revenue, sales, business, or opportunities
• Loss of data or information (including App data, End User Data, domain names, or registration data)
• Loss of goodwill or reputation
• Cost of substitute services
• Business interruption or operational delays
• Personal or emotional harm
• Any other intangible losses

Specific Exclusions

1. AI Errors: Any damages arising from errors, inaccuracies, biases, security weaknesses, inappropriate suggestions, or limitations in AI-generated content, code, or analysis

2. Domain Issues: Any inability to register domains, domain availability changes, premium pricing surprises, late fee charges, trademark conflicts, legal disputes over domains, domain hijacking, unauthorized transfers, or any other domain-related issues

3. Third-Party Actions: Actions, omissions, failures, outages, delays, or policy changes of third-party services including the Sponsoring Registrar (NameSilo), registry operators, ICANN, payment processors, app stores, messaging carriers, AI service providers, data providers, or services you connect to your App

4. Business Decisions: Any business decisions you make based on Services provided, including domain name selection, business strategy, brand direction, market entry decisions, or financial decisions

5. User Content and Apps: Any loss, corruption, unauthorized access, or misuse of User Content, App Content, End User Data, or registration data, except to the extent caused by Lynqly's breach of its security obligations in these Terms

6. Security: Any unauthorized access to your account resulting from your failure to protect your credentials, email account, or sign-in links, or from your App's settings

7. Service Changes: Any modification, suspension, discontinuation, or removal of Services, features, or functionality, except as these Terms expressly provide

8. Technical Issues: Any bugs, errors, downtime, paused or read-only Apps, data loss, system failures, or technical problems

9. Registration Failures: Failed domain registrations due to any cause, including but not limited to unavailability, premium pricing rejection, payment failures, policy violations, registry restrictions, or technical errors

10. WHOIS Privacy Limitations: Disclosure of your registration data due to legal process, ICANN policy, registry policy, or privacy service limitations

11. Connected Account Actions: Any hold, reserve, verification requirement, restriction, or closure that Stripe applies to your Connected Account or to any Seller's Connected Account

12. Messages: Any email, text message, push notification, or webhook that is delayed, not delivered, delivered more than once, misrouted, or filtered

13. Exported Apps: Anything that happens with an App or data after you export it

Essential Purpose

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, or the limitation of liability for gross negligence, fraud, or intentional misconduct. In such jurisdictions, the above limitations may not fully apply to you, but shall apply to the maximum extent permitted by applicable law. Nothing in these Terms limits any liability or right that cannot be limited or waived under applicable law.

▲ Key term · read carefully30Indemnification

Your Indemnity Obligations

You agree to indemnify, defend, and hold harmless Ostrel Software LLC, its parents, subsidiaries, Affiliates, officers, directors, employees, agents, contractors, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees and costs), judgments, fines, penalties, and other amounts arising out of or relating to:

1. Your Use: Your access to or use of the Services or domain registration services

2. Violations: Your violation of these Terms or any applicable law, regulation, ICANN policy, registry policy, app store rule, payment processor rule, or third-party right

3. User Content: Any User Content you provide, including any claims that it infringes or violates any third-party rights

4. Misrepresentations: Any misrepresentation made by you, including providing false or inaccurate registration information

5. Domain Registration: Your registration, use, renewal, transfer, or inability to register any domain name

6. Trademark Issues: Any trademark infringement claims, domain name disputes under UDRP or other policies, cease-and-desist demands, or intellectual property claims related to domains, names, logos, or brand assets you register, use, or consider using

7. Domain Use: How you use any domain registered through our Services, including content hosted on the domain, services provided through the domain, or third-party claims arising from domain use

8. Third Parties: Your dealings with, reliance on, or disputes with third parties accessed through or interacted with via the Services

9. Breach: Any breach of your representations, warranties, or obligations under these Terms or the Sponsoring Registrar's registration agreement

10. Your App: Your App and its content, including anything you build, publish, host, sell, or offer through it, and any claim by or relating to your End Users

11. Your End User Data and Messages: Your collection and use of End User Data, your privacy notices and consents, and any email, text message, or push notification your App sends, including claims under the Telephone Consumer Protection Act, the CAN-SPAM Act, and similar laws

12. AI Features and Connections: AI steps, custom code, and third-party services you add to or connect to your App

13. Exported Apps: Any App or data after you export it, including any security incident involving an export in your custody

14. Lynqly Payments: Your use of Lynqly Payments, including refunds, disputes, chargebacks, taxes, and statement descriptors

15. Marketplace Apps: Your operation of a Marketplace App, including claims by Sellers, Buyers, or taxing authorities and claims under the INFORM Consumers Act

16. Team Members: The acts and omissions of your Team Members and anyone else who uses your account or your App's admin areas through you

Defense and Settlement

Lynqly reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any such claim without Lynqly's prior written consent. You will cooperate fully with Lynqly in the defense of any claim, including providing relevant information and documentation.

31Electronic communications and notices

Consent to Electronic Communications

By using the Services, you consent to receive electronic communications from Lynqly and the Sponsoring Registrar, including:

1. Emails regarding your account, transactions, Builds, Apps, and Services
2. Sign-in codes and links
3. Receipts, invoices, and notices of automatic charges and renewals
4. Domain registration confirmations and receipts
5. Domain renewal reminders and expiration notices
6. Notices about changes to Terms, Privacy Policy, prices, fees, or Services
7. Promotional emails (if you opt in to marketing communications)
8. System notifications and updates, including push notifications and in-app messages if you use the phone app
9. Legal notices and disclosures
10. Communications required by ICANN policy or registrar policy

Electronic Delivery of Documents

You agree that Lynqly and the Sponsoring Registrar may provide all agreements, notices, disclosures, and other communications electronically, including:

1. These Terms of Service
2. Privacy Policy
3. Sponsoring Registrar's Registration Agreement
4. Payment receipts and invoices
5. Domain registration confirmations
6. Refund notifications
7. Account status updates
8. ICANN-required notices
9. Legal notices

Hardware and Software Requirements

To receive electronic communications, you must have:

• Internet access
• A valid email address that you check regularly
• A device capable of receiving and accessing email
• Software capable of viewing HTML emails and PDF documents
• For mobile users, a device capable of accessing mobile-optimized content

Right to Opt Out (With Limitations)

1. Transactional Emails: You cannot opt out of transactional or service-related emails (account notifications, sign-in codes, receipts, notices of automatic charges, domain registration confirmations, renewal reminders, legal notices, ICANN-required notices) while using the Services or maintaining domain registrations.

2. Marketing Emails: You may opt out of promotional emails by using the unsubscribe link in such emails or adjusting your account preferences.

3. Push Notifications: You can turn off push notifications in the phone app's settings or your device settings.

4. Consequence of Withdrawal: If you withdraw consent to all electronic communications while you have active domain registrations, subscriptions, or outstanding transactions, you may be unable to receive critical notices, which could result in domain expiration or other adverse consequences.

Updating Contact Information

You must keep your email address current and promptly notify us of any changes by updating your account information or emailing support@lynqly.com. For domain registrations, you must also update your registrant contact information to comply with ICANN requirements.

Notices to Lynqly

Legal notices to Lynqly must be sent to legal@lynqly.com, with a copy by mail to Ostrel Software LLC, 522 W Riverside Ave, Ste N, Spokane, WA 99201.

Paper Copies

You may request a paper copy of any electronic communication by contacting support@lynqly.com. We may charge a reasonable fee for providing paper copies.

32Governing law and jurisdiction

Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington and the federal laws of the United States, without regard to conflict of law principles. The Federal Arbitration Act governs the Arbitration and Dispute Resolution section. Nothing in these Terms limits any non-waivable statutory rights or protections available to you under the laws of your state or country of residence.

Company Information

Ostrel Software LLC is a limited liability company organized under the laws of the State of Washington, with its address at 522 W Riverside Ave, Ste N, Spokane, WA 99201.

Jurisdiction

Subject to the arbitration provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of such courts.

Domain Disputes

Domain name disputes may also be subject to the Uniform Domain Name Dispute Resolution Policy (UDRP) or other dispute resolution policies adopted by ICANN or registry operators, which provide alternative dispute resolution mechanisms outside of traditional court proceedings.

▲ Key term · read carefully33Arbitration and dispute resolution

Mandatory Arbitration

You and Lynqly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the App Builder, hosting, Lynqly Payments, the Platform Fee, Export, subscriptions, your Balance, and domain services (collectively, "Disputes"), shall be resolved through binding individual arbitration, except as specifically provided below. This section does not cover disputes between you and Stripe, which are governed by the Stripe Agreements, or disputes between you and your End Users.

Exceptions to Arbitration

The following matters are NOT subject to arbitration and may be brought in court:

1. Intellectual Property Claims: Claims regarding infringement or misappropriation of intellectual property rights (copyright, trademark, patent, trade secret)
2. Injunctive Relief: Claims seeking temporary restraining orders or preliminary or permanent injunctive or equitable relief
3. Small Claims: Claims that qualify for small claims court, provided they remain in such court and are brought only on an individual basis
4. UDRP and Domain Disputes: Domain name disputes subject to UDRP or other ICANN-adopted dispute resolution policies

Arbitration Procedures

1. Governing Rules: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if applicable, its Consumer Arbitration Rules (available at www.adr.org), including any supplementary rules the AAA applies to multiple related cases.

2. Informal Resolution First: Before starting arbitration, you or Lynqly must send the other a written notice describing the Dispute and the relief requested. Lynqly will send its notice to your account email address. You must send yours to legal@lynqly.com, with a copy by mail to Ostrel Software LLC, 522 W Riverside Ave, Ste N, Spokane, WA 99201. The parties will try in good faith to resolve the Dispute informally for at least thirty (30) days after the notice is received before starting arbitration. Any applicable limitations period is paused during that time.

3. Arbitrator Authority: The arbitrator, not any court or agency, shall have exclusive authority to resolve all disputes, including but not limited to disputes about the interpretation, applicability, enforceability, or formation of these Terms, including the arbitrability of any claim and the scope of this arbitration clause, except that a court decides disputes about the Class Action and Jury Waiver section.

4. Location: Arbitration shall be conducted by videoconference or telephone unless you elect an in-person hearing. If you elect an in-person hearing, it shall take place in the county of your residence or principal place of business, or at another location mutually agreed by the parties.

5. Individual Basis: Arbitration shall be conducted on an individual basis only. You may not consolidate your arbitration with other arbitrations or bring claims as a representative or member of a class.

6. Written Decision: The arbitrator shall issue a written decision that includes the essential findings and conclusions on which the decision is based.

7. Arbitration Fees: AAA filing, administration, and arbitrator fees shall be governed by AAA rules, except that Lynqly will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or brought for an improper purpose.

8. Attorneys' Fees: Each party bears its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs to you or to Lynqly where applicable law (including a statute under which a claim is brought) would allow a court to award them, and may award them against a party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose.

9. Same Remedies: The arbitrator may award the same individual relief that a court could award under applicable law.

10. Enforcement: Judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action and Jury Waiver

1. ImportantNO CLASS ACTIONS: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
2. ImportantNO CONSOLIDATION: THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
3. ImportantNO JURY TRIAL: YOU AND LYNQLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
4. ImportantNO PUBLIC COURT: YOU AND LYNQLY ARE EACH WAIVING THE RIGHT TO LITIGATE DISPUTES IN COURT BEFORE A JUDGE OR JURY (EXCEPT AS PROVIDED IN THE "EXCEPTIONS TO ARBITRATION" SECTION).

Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@lynqly.com or support@lynqly.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, account username (if created), and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Lynqly agree that Disputes will be resolved in the state or federal courts located in King County, Washington, subject to the jurisdiction provisions above. Opting out does not affect any other part of these Terms.

Severability of Arbitration Provision

If any portion of this arbitration provision is found to be unenforceable, the unenforceable portion shall be severed and the remaining portions shall be enforced to the maximum extent possible. However, if the class action waiver is found to be unenforceable as to a particular claim or category of claims, this entire arbitration provision shall be null and void as to such claim or category of claims only (but the remainder of these Terms shall remain in effect, and arbitration shall remain in effect for other claims).

34Data privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy at https://www.lynqly.com/privacy-policy to understand our data collection, use, sharing, and protection practices.

The Privacy Policy describes how Lynqly handles information about you as a Lynqly customer and visitor. End User Data that your Apps process is handled on your behalf as described in the Data Processing Terms for App Owners section, and your own privacy notice governs your relationship with your End Users.

When you register a domain through our Services, your registration data is also subject to the Sponsoring Registrar's privacy policy and ICANN's policies regarding registration data processing and disclosure.

35General provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy, the Sponsoring Registrar's Registration Agreement, and any additional terms you agree to when using specific features of the Services, constitute the entire agreement between you and Lynqly regarding the Services and supersede all prior agreements and understandings (whether written or oral). These Terms include the Lynqly Payments section, the Data Processing Terms for App Owners, the Marketplace Apps Addendum (if enabled for your App), and, for Sellers, the Lynqly Payment Services Terms for Sellers.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect to the maximum extent possible. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the parties.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Lynqly's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged in writing by an authorized representative of Lynqly.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without Lynqly's prior written consent. Any attempted assignment in violation of this provision is void. Lynqly may assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. You are not authorized to make any representation, contract, or commitment on behalf of Lynqly. Stripe is not Lynqly's agent. Lynqly is not the App Owner's agent, and the App Owner is not Lynqly's agent, except that Lynqly acts on your instructions as your processor under the Data Processing Terms for App Owners and, where you authorize it, on your developer accounts and domains as described in these Terms.

Force Majeure

Lynqly shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, labor disputes, shortages of transportation facilities, fuel, energy, labor, or materials, cyberattacks, or failures of third-party services (including Sponsoring Registrar, registry operators, payment processors, hosting and AI providers, messaging carriers, telecommunications providers, or internet infrastructure).

Survival

The following sections shall survive termination of these Terms or termination of your account: Intellectual Property Rights (including the licenses to Lynqly code in your App and the Lynqly Runtime permission), License You Give Lynqly (to the extent stated), Exporting Your App (as to exports already delivered and the export window after termination), Domain Registration Ownership, Data Processing Terms for App Owners (for as long as Lynqly holds End User Data), Your Lynqly Balance (as to refunds and forfeiture), Refunds, Disclaimers and Warranties, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, Governing Law and Jurisdiction, Lynqly Payments (including records, refunds of the Platform Fee, and fee obligations on completed transactions), the Marketplace Apps Addendum, and any other provision that by its nature should survive termination.

Section Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect. They do not limit, expand, or otherwise affect the interpretation of the provisions.

Interpretation

As used in these Terms, "including" means "including but not limited to." The use of "or" is not exclusive unless context requires otherwise. The words "herein," "hereof," and "hereunder" refer to these Terms as a whole. References to "writing" or "written" include electronic communications.

Language

These Terms are drafted in English. If these Terms are translated into other languages and there is a discrepancy between the English version and any translation, the English version shall prevail and control.

Export Controls

You may not use, export, re-export, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which the Services were obtained, and any applicable export control laws. You represent and warrant that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties (including the Treasury Department's Specially Designated Nationals List or the Commerce Department's Denied Persons List). You will not use the Services to build or operate an App for anyone subject to those restrictions.

Third-Party Beneficiaries

Except as expressly provided in this Section, these Terms do not confer any rights on any third party, including your End Users. The Sponsoring Registrar (NameSilo, LLC) is an intended third-party beneficiary of these Terms with respect to provisions relating to domain registration services, and may enforce such provisions directly against you. Apple and its subsidiaries are intended third-party beneficiaries of these Terms as they relate to the phone app, as described in The Lynqly Phone App section. In addition, each of the Indemnified Parties and each Affiliate of Ostrel Software LLC is an intended third-party beneficiary of, and may directly enforce, the sections titled "Disclaimers and Warranties," "Limitation of Liability," "Indemnification," and "Arbitration and Dispute Resolution."

36Contact information

For questions about these Terms of Service, please contact us at:

Ostrel Software LLC
522 W Riverside Ave, Ste N
Spokane, WA 99201
Legal and copyright notices: legal@lynqly.com
Support and billing: support@lynqly.com
Website: https://www.lynqly.com

For domain registration-specific questions:
Sponsoring Registrar: NameSilo, LLC
Website: https://www.namesilo.com
Support: https://www.namesilo.com/support

For ICANN-related information:
ICANN: https://www.icann.org
InterNIC WHOIS: https://www.internic.net/whois.html

37Effective date and updates

These Terms of Service are effective as of the date listed at the top of this document. We reserve the right to update these Terms at any time in accordance with the Terms Updates provisions above. The "Last Updated" date at the top reflects the most recent version.

Material changes that affect domain registration rights or obligations will be communicated in accordance with ICANN requirements for registrar-registrant communications.

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End of Terms of Service