LinkIndex Terms of Service

Effective Date: October 8, 2026 Version: 2.0

These Terms of Service (“Terms“) are a binding agreement between you (“you,” “your,” or “Buyer“) and Pitchbox, LLC d/b/a LinkIndex, a Pennsylvania limited liability company (“LinkIndex,” “we,” “our,” or “us“). They govern your use of the LinkIndex platform (the “Platform“), your purchase of Services from LinkIndex, and any Subscription you hold.

These Terms apply to every LinkIndex account, whether or not you ever place an Order. If you supply Services to LinkIndex, the LinkIndex Supplier Agreement also applies to you, in addition to these Terms, from the moment you accept it (see Section 2.5).

By creating an account, placing an Order, or subscribing to a Plan, you accept these Terms.

1. Definitions

• Amendment: A recorded change to an existing Order made under Section 5.5. An Amendment does not create a new Order.
• Authorized User: An individual whom the Buyer invites or permits to access the Buyer’s account, such as an employee, contractor or client of the Buyer.
• Buyer: A person or entity that registers an account to purchase Services or hold a Subscription.
• Guarantee: A commitment by LinkIndex, where purchased as part of an Order, to maintain a placed link for a defined period under Section 9.
• LinkIndex Fee: LinkIndex’s charge for the services LinkIndex itself provides, as described in Section 6.2.
• Order: A binding agreement between LinkIndex and a Buyer for LinkIndex to supply specified Services, as amended from time to time.
• Our Price: The total amount payable by the Buyer to LinkIndex for an Order, as displayed at checkout.
• Plan: A Subscription tier with the features, limits and Subscription Fee described at the point of purchase.
• Platform: The LinkIndex websites, web applications, dashboards and communication tools, and the Programmatic Interfaces through which LinkIndex makes them available.
• Programmatic Interface: An API, software development kit, connector, Model Context Protocol (MCP) server or similar interface that LinkIndex makes available so that software, including AI agents and assistants, can access the Platform on a Buyer’s behalf.
• Review Period: The period stated on an Order during which the Buyer may accept or reject delivered Services.
• Services: Link placements, guest posts, content development, and related digital publishing services sold by LinkIndex.
• Subscription: A recurring license to use Subscription Services under a Plan.
• Subscription Fee: The recurring amount payable for a Plan.
• Subscription Services: The software features, tools, reporting, analytics, workflow and support included in a Plan.
• Supplier: An independent business from which LinkIndex purchases Services for resale to Buyers. Suppliers are LinkIndex’s vendors. They are not parties to these Terms and have no contractual relationship with Buyers.
• Supplier Cost: The net amount LinkIndex has agreed to pay its Supplier for the underlying service, where LinkIndex elects to disclose it under Section 6.2.

2. What LinkIndex Does

2.1 LinkIndex sells Services

LinkIndex sells digital publishing, content development and related services to Buyers. LinkIndex acquires those Services from independent third-party Suppliers in its own name and on its own account, and resells them to Buyers under these Terms.

2.2 Your contract is with LinkIndex

LinkIndex is a party to every Order. Your contract is with LinkIndex and with LinkIndex alone. LinkIndex’s arrangements with its Suppliers are separate agreements to which you are not a party, under which you have no rights, and which impose no obligations on you. No contractual relationship is created between a Buyer and a Supplier.

2.3 LinkIndex is responsible to you

LinkIndex is responsible to you for the delivery and conformity of the Services you purchase, regardless of which Supplier LinkIndex engages to provide them. If something goes wrong with an Order, you deal with LinkIndex. You are never required to pursue, contact or negotiate with a Supplier.

2.4 LinkIndex also offers software

Separately from the sale of Services, LinkIndex offers optional Subscriptions to software tools under Section 10, and agency tools for proposing Services to your own clients and collecting payment from them under Section 11. A Subscription is not required to purchase Services.

2.5 If you also supply Services

These Terms govern every LinkIndex account. Accepting them does not make you a Supplier. To supply Services to LinkIndex you must separately accept the LinkIndex Supplier Agreement when you first open the Seller Portal, and you become a Supplier only when you do. If you hold both roles, these Terms govern your account, your purchases and your Subscriptions, and the Supplier Agreement governs your supply of Services to LinkIndex. Each agreement’s dispute resolution provisions apply to disputes arising under that agreement. You may not place an Order for Services you supply, and you may not arrange for anyone else to do so on your behalf.

3. Eligibility and Your Account

3.1 Eligibility

To use the Platform you must be at least 18 years old and legally capable of entering binding agreements.

3.2 Business purpose

You represent and warrant that you are entering into these Terms, and purchasing Services and any Subscription, solely for business, commercial, trade or professional purposes, and not for personal, family or household purposes. LinkIndex sells to marketing agencies, SEO professionals and businesses. It does not offer the Platform to consumers.

3.3 Accurate information

You will provide accurate, current and complete registration information, including your business name, and keep it updated. You are responsible for all activity under your account and for keeping your credentials secure.

3.4 Authority

If you register on behalf of a company or other entity, you represent that you have authority to bind it, and “you” includes that entity.

3.5 Authorized Users

You may invite individuals to use your account as Authorized Users. Each Authorized User acts on your behalf. You are responsible for everything an Authorized User does on the Platform, including Orders placed, Amendments approved, content submitted and communications sent, as if you had done it yourself, whether or not you actually authorized that particular act. You will ensure that each Authorized User complies with these Terms, and you will remove a person’s access promptly when they leave your organization or are no longer entitled to it. LinkIndex will ask each Authorized User to accept these Terms when they first access your account. That acceptance binds the Authorized User personally as to their own conduct on the Platform; you remain the party to every Order and Subscription.

3.6 Electronic communications

You consent to conduct business with LinkIndex electronically and to receive all notices, disclosures, receipts, acknowledgments and other communications from LinkIndex by email to your registered address or through the Platform. You agree that your click-through acceptance of these Terms, and of any Order or Subscription, constitutes your electronic signature and is binding.

3.7 Software agents and programmatic access

LinkIndex may make the Platform available through Programmatic Interfaces so that software you use, including AI agents and assistants, can act on your account. Where you connect such a tool:

(a) Its acts are your acts. Everything done on your account through a Programmatic Interface, or by any software operating under your credentials, is treated as done by you, whether or not a person reviewed it first. An Order placed, an Amendment approved, a delivery accepted or rejected, content submitted or a message sent by your tool binds you exactly as if you had done it yourself in the Platform. LinkIndex cannot tell, and is not required to tell, whether a person or a program issued an instruction.

(b) You control the tool. You are responsible for choosing, configuring and supervising the tool, including what it is permitted to do, whether it must ask you before spending money or taking an action that cannot be undone, and the instructions you give it. LinkIndex may, but is not obliged to, require confirmation for particular actions.

(c) Credentials. API keys, tokens and authorizations issued for your account are confidential. You will protect them, grant them only to tools you trust, revoke them when they are no longer needed, and tell LinkIndex promptly at support@linkindex.com if you believe one has been compromised. You are responsible for all use of them until LinkIndex has disabled them.

(d) Third-party tools. The agents, assistants, models and software you connect are not provided by LinkIndex. LinkIndex does not control, review or warrant them, how they interpret information from the Platform, or the decisions they make. Information returned through a Programmatic Interface is Platform Data under Section 13.3. You will configure the tool so that it uses that data only to carry out your instructions on the Platform, and you are responsible for any retention, disclosure or other use of it by the tool or its provider.

(e) Acceptance stays with you. A tool cannot accept these Terms, or give the automatic renewal consent in Section 10.4, on your behalf. Those acceptances are given by you or an Authorized User in the Platform.

(f) Limits and changes. LinkIndex may set and change rate limits, scopes and permitted uses for a Programmatic Interface, may require tools to be registered, may suspend access by a tool that behaves abusively or in breach of Section 13.3, and may change or withdraw a Programmatic Interface, giving reasonable notice where practicable. Separate developer terms may apply to a Programmatic Interface and prevail over these Terms as to its technical use.

3.8 Your websites and connected data

(a) Your Sites. You may add to your account the websites for which you buy Services, whether your own or your clients’ (“Your Sites“). You represent that you own each of Your Sites or have the owner’s authority to buy Services for it, to connect its data and to use the Platform’s tools in relation to it, and you will remove a site when that authority ends.

(b) Connected data sources. You may connect third-party data sources for Your Sites, such as Google Analytics and Google Search Console. By connecting a data source you authorize LinkIndex to access, retrieve, store and analyze the data it provides for the purpose of providing the Platform to you, including generating recommendations and plans, measuring and reporting on placements, and improving the relevance of what the Platform shows you. LinkIndex handles that data in accordance with the Privacy Policy and the data provider’s applicable terms, and will not disclose it to Suppliers or other customers in a form that identifies you or Your Sites. You represent that you have the right to connect each data source, including any authority you need from a client. You may disconnect a data source at any time; features that depend on it will then stop working or work from the data already held, as the Platform explains.

(c) Connecting is optional. No connection is required to buy Services. Where you do not connect a data source, the Platform works from the information you enter and from third-party data.

4. Acceptance of These Terms

4.1 How you accept

You accept these Terms by checking the acceptance box and clicking the button presented when you create an account, and each Authorized User accepts them the same way when first accessing your account. You will not be able to complete registration, or accept an invitation, without doing so. Every Order you place and every Subscription you start is made under the version of these Terms then in effect, and the checkout page will say so. Starting a Subscription also requires the separate consent to automatic renewal described in Section 10.4.

4.2 What you are accepting

By accepting, you confirm that you have had the opportunity to read these Terms in full, including the limitation of liability in Section 18 and the governing law and courts in Section 21, and that you agree to them.

4.3 Record of acceptance

LinkIndex keeps a record of the version of these Terms you accepted, and when.

4.4 Updated versions

You accept these Terms once; you are not asked to accept them again each time you log in or place an Order. When LinkIndex updates these Terms, it will email the update to your registered address and post it on the Platform, stating the date it takes effect. That email is notice, not a request for a new acceptance: the updated Terms take effect on the stated date and your continued use of the Platform after that date is your acceptance of them. If you do not agree, close your account before that date. Minor corrections under Section 22.3A take effect when posted. Only the material changes listed in Section 22.2 require you to click to accept again. The version number and effective date at the top of these Terms identify the version in force.

4.5 Accounts opened before the Effective Date

If your account was opened under an earlier version of the LinkIndex Terms of Service, that version allowed LinkIndex to modify it by posting an updated version on the Platform, with continued use as acceptance. These Terms are that updated version. LinkIndex has posted them on the Platform and sent notice of them to your registered email address, and they apply to your account and to all use of the Platform from the Effective Date. Your continued use of the Platform after the Effective Date, including logging in, placing an Order, holding a Subscription, using a Programmatic Interface, or allowing an Authorized User to do any of these, is your acceptance of these Terms, whether or not you have clicked to accept them. The Platform will also ask you to click to accept when you next log in; that click records your acceptance and is not a condition of it. Orders accepted and Subscriptions started before the Effective Date remain governed by the version in effect when they were accepted or started, except that Sections 10.4 to 10.6 (renewal, reminders and cancellation) apply to every Subscription from the Effective Date.

5. Orders

5.1 How an Order is formed

The Platform displays Services available for purchase from LinkIndex, together with Our Price. Availability shown on the Platform is an invitation to order and is not an offer capable of acceptance.

When you place an Order, LinkIndex may accept or decline it. An Order becomes binding when LinkIndex confirms acceptance. LinkIndex may decline any Order for any lawful reason, including unavailability, pricing error, or suitability of the content or property. LinkIndex usually confirms acceptance once the Supplier it has chosen for the Order has confirmed to LinkIndex that it can perform, and the Platform may show that step as the Supplier confirming or accepting. That confirmation is between the Supplier and LinkIndex. The acceptance of your Order is LinkIndex’s, and your contract remains with LinkIndex under Section 2.2.

5.2 How LinkIndex fulfills an Order

LinkIndex fulfills accepted Orders by purchasing the required Services from a Supplier under LinkIndex’s own separate purchase arrangements. LinkIndex selects its Suppliers and may substitute an alternative Supplier of equivalent or better standard, provided the Services delivered conform to your Order.

5.3 If LinkIndex cannot fulfill an Order

If LinkIndex is unable to fulfill an accepted Order, in whole or in part, LinkIndex will notify you and refund you in full for the affected items under Section 8.

5.4 Communication with Suppliers during fulfillment

LinkIndex may enable direct communication between you and the Supplier providing your Order, through the Platform, so that specifications can be clarified and the work delivered efficiently. The following apply:

(a) No contract with the Supplier. A Supplier communicating with you does so as LinkIndex’s vendor. No contract is formed between you and any Supplier, and no Supplier assumes any obligation to you, by reason of any communication.

(b) No Supplier may bind LinkIndex. No Supplier has authority to make commitments on LinkIndex’s behalf. Statements by a Supplier concerning price, scope, deadlines, guarantees, refunds or remedies are not binding on LinkIndex unless LinkIndex confirms them to you. A confirmation by LinkIndex means either an Amendment recorded on your Order under Section 5.5, or a written message sent by LinkIndex staff from an account that the Platform identifies as LinkIndex. The Platform labels messages from Suppliers as coming from a Supplier. A message from a Supplier is never a confirmation by LinkIndex, whatever it says.

(c) Changes go through LinkIndex. Any change to the price, scope or deadline of your Order takes effect only as an Amendment recorded by LinkIndex under Section 5.5. You may discuss timing and scope with a Supplier, but anything agreed with a Supplier alone has no effect on your Order.

(d) Payment runs to LinkIndex only. You must not pay, agree to pay, or accept an invoice from any Supplier in connection with an Order. All amounts are payable to LinkIndex.

(e) Problems go to LinkIndex. If you are dissatisfied with delivery, raise it with LinkIndex. LinkIndex’s obligations to you do not depend on your dealing with any Supplier.

5.5 Changing an Order after acceptance

(a) Requesting a change. You may ask LinkIndex to vary an accepted Order, including to extend the delivery deadline or to add or expand Services. LinkIndex may also propose a variation to you.

(b) Changes take effect as Amendments. A change is given effect by an Amendment recorded against your existing Order, which continues in force as amended. LinkIndex does not issue a replacement Order. An Amendment that changes Our Price or the scope of the Services takes effect when you accept it and LinkIndex records it. An Amendment that changes only the delivery deadline takes effect when LinkIndex records it. Discussion of a possible change, with LinkIndex or with a Supplier, changes nothing until recorded.

(c) Additional or expanded Services. Where you request Services beyond the scope of your Order, or where LinkIndex offers additional Services in connection with it, LinkIndex will quote a revised Our Price. A Supplier may have suggested the additional Services or indicated what it would charge, but the offer to you and the price are LinkIndex’s. You are under no obligation to accept, and declining leaves your original Order unchanged.

(d) Reductions and goodwill refunds. Where delivery is taking longer than scheduled, or LinkIndex otherwise considers a reduction appropriate, LinkIndex may reduce the amount payable for the affected item. Because you have already paid, a reduction after payment is given effect as a partial refund to your original payment method. A refund under this paragraph covers the affected portion of the Services. It does not include the LinkIndex Fee, which is consideration for services LinkIndex has provided and continues to provide on your Order. Any reduction or refund is offered, decided and issued by LinkIndex.

(e) Deadline Amendments. Where the only change is to the delivery deadline and Our Price is unchanged, LinkIndex records the new date as an Amendment once it is agreed and confirms it to you.

(f) The amended Order governs. Each Amendment is recorded against the Order it amends, identifying what changed and when. Your Order as amended is the operative agreement between us.

5.6 Recommendations by Suppliers

A Supplier may, through the Platform, draw your attention to another Service already published and available for purchase from LinkIndex. A recommendation is a pointer to LinkIndex’s existing catalog. It is not an offer by the Supplier. If you proceed, you place an Order with LinkIndex under these Terms in the ordinary way, at Our Price as published.

5.7 Canceling an Order

You may cancel a pending Order, or a pending item in it, through the Platform for a full refund at any time before LinkIndex has accepted it under Section 5.1. Once an Order has been accepted, work on it may already have begun and you may not cancel it; your remedies are those in Sections 7 and 8.

5.8 Pricing errors

If Our Price for an Order was affected by an obvious error, including an error in a figure entered by a Supplier or a technical fault, LinkIndex may cancel the affected item at any time before delivery and refund you in full, including the LinkIndex Fee. LinkIndex will tell you why and offer the item at the corrected price where it is still available.

5.9 Reviews and ratings

(a) What a review is. After an Order is delivered, the Platform may invite you to rate and review it. A review describes the Service you received and how the Supplier performed in delivering it for LinkIndex. LinkIndex uses reviews to manage the quality of its supply and shows them to other Buyers, alongside the Listings the Supplier fulfills, to help them choose. Posting or reading a review does not create any relationship between you and a Supplier; your contract remains with LinkIndex under Section 2.2, and anything a review says about a Supplier does not change LinkIndex’s responsibility to you.

(b) Rules. You may post a review only for an Order you placed and received, only once per Order, and it must reflect your honest experience of that Order. You will not post a review that is false, defamatory or abusive; that includes anyone’s personal information, contact details or an offer to deal outside the Platform; that discloses Supplier Cost or other Platform Data; or that was written, procured or paid for by anyone else. You will not accept anything of value from a Supplier for a review, and you will not use reviews to pressure a Supplier or LinkIndex into a remedy that these Terms do not provide.

(c) Display and moderation. You grant LinkIndex a perpetual, worldwide, royalty-free license to publish, display, excerpt and use your reviews and ratings on the Platform and in LinkIndex’s marketing, shown with the name or identifier the Platform displays for your account. Reviews are not published immediately. LinkIndex screens every review before publication for compliance with paragraph (b), by automated means and by its staff, and may hold a review for that purpose for a reasonable period; the same screening and the same timing apply to every review, whatever its rating. LinkIndex publishes reviews that comply with paragraph (b) whether they are favorable or unfavorable, may remove or decline to publish a review that does not comply, and applies the same rules to every review. A Supplier may post a public response to a review of its Services, subject to the same rules. If LinkIndex resolves a problem with your Order after you have posted a review, the Platform may invite you to update it; whether you do is your choice. LinkIndex may shorten a review for display or aggregate ratings into scores, badges or rankings, and may stop displaying reviews at any time. Reviews are the opinions of the Buyers who post them, not of LinkIndex, and LinkIndex does not verify or endorse them.

(d) Ratings of you. A Supplier may rate its experience of fulfilling your Orders, for example the clarity of your brief, your responsiveness and your conduct in revision requests. LinkIndex uses those ratings to manage Orders and may show them, with or without comment, to Suppliers deciding whether to fulfill a Purchase Order for you. Ratings of you are not published to other Buyers. LinkIndex does not verify or endorse them, and they do not entitle you to any remedy.

6. Pricing and Payment

6.1 Our Price is our price

Our Price is set by LinkIndex in its sole discretion. LinkIndex determines Our Price for each Service and may vary it at any time, including by Buyer, by volume, by promotion, or for any other commercial reason. The total amount payable is displayed before you place an Order.

Your payment obligation is to LinkIndex for Our Price in full, and Our Price is payable to LinkIndex as a single amount.

6.2 How Our Price is presented

LinkIndex may present Our Price as a single amount or, at its option, itemized. An itemized presentation shows:

• the price of each Service and any options you select, which may be shown as a subtotal;
• the LinkIndex Fee, LinkIndex’s charge for the services LinkIndex itself provides, including sourcing and vetting Suppliers, order management, specification handling, quality assurance, guarantee backing, buyer protection, dispute handling, and accepting and handling payment;
• any applicable taxes; and
• the total, which is Our Price.

Every item is a component of Our Price and is set by LinkIndex. Whether or not Our Price is itemized, it is a single amount payable to LinkIndex and does not vary according to the payment method you choose.

The LinkIndex Fee is consideration for LinkIndex’s own services and is a component of Our Price. It is not a charge for access to the Platform, a commission on a transaction between you and any other person, or an amount collected on behalf of any Supplier.

LinkIndex may, but need not, additionally disclose the Supplier Cost for an Order. Where it does, “Supplier Cost” means only the net amount LinkIndex has agreed to pay the relevant Supplier. It does not represent LinkIndex’s total cost of delivering the Services. Disclosure is provided for transparency. It does not alter the nature of the transaction, reduce Our Price, or give you any right against any Supplier. LinkIndex remains the seller of the Services and the party contractually obligated to you.

6.3 Changes in Supplier Cost after acceptance

Once LinkIndex accepts your Order, Our Price is fixed. LinkIndex will not charge you more than Our Price as accepted, in any circumstances.

LinkIndex will use commercially reasonable efforts to fulfill each accepted Order at Our Price, including by sourcing the Services from an alternative Supplier if the original Supplier’s cost increases or the Services cease to be available on the basis on which Our Price was set. If, despite those efforts, LinkIndex is unable to procure the Services at a commercially reasonable cost, LinkIndex may cancel the affected item and refund you in full under Section 8. LinkIndex will not cancel an Order on account of an immaterial change in Supplier Cost.

6.4 Payment terms

Payment of Our Price is due to LinkIndex in advance of fulfillment. Amounts you pay are paid to LinkIndex as consideration for LinkIndex’s own performance obligations under the Order and become the property of LinkIndex on receipt.

LinkIndex does not hold Buyer funds in trust, in escrow, or in any custodial or fiduciary capacity for any Supplier or other person. No Supplier has any right, title, claim or beneficial interest in any amount you pay. LinkIndex’s obligation to pay a Supplier arises solely under its separate agreement with that Supplier and is an ordinary trade payable of LinkIndex.

6.5 Payment processing

LinkIndex uses third-party payment providers to accept payment from Buyers and to pay its Suppliers. Your use of a payment provider may be subject to that provider’s own terms.

Your payment obligation is discharged in full when you pay Our Price to LinkIndex. You owe nothing further in respect of your Order to LinkIndex or to any other person. LinkIndex is solely responsible for paying its Suppliers and does so from its own funds. Any account a Supplier holds with LinkIndex’s payment provider is a feature of LinkIndex’s own payment arrangements; it does not make the Supplier a party to your Order or create any obligation between you and any Supplier. No payment provider is a party to these Terms. LinkIndex may decline or limit the payment methods available for a particular Buyer, Order or category of Services where required by law, by a payment provider’s rules, or by LinkIndex’s risk assessment; doing so does not vary Our Price. LinkIndex may ask you for information needed to verify your identity, business and beneficial ownership before accepting or fulfilling an Order, and may decline an Order until it is provided.

6.6 Taxes

Our Price and Subscription Fees are exclusive of applicable sales, use, value added, goods and services, or similar taxes unless stated otherwise at checkout. LinkIndex will collect and remit such taxes where LinkIndex is required to do so. You are responsible for any taxes for which you are liable, including any withholding or self-assessment obligations in your jurisdiction.

6.7 Credits

LinkIndex may grant you credits, for example as a welcome offer or under a referral program. Credits are applied automatically to reduce the LinkIndex Fee on your Orders until they are used up or expire. Credits have no cash value, cannot be redeemed, withdrawn or transferred, are not a deposit or a balance held for you, and do not reduce any Supplier Cost or any tax. Credits expire on the date stated when they are granted, or after 12 months if no date is stated, and lapse if your account is closed. LinkIndex may withdraw credits that were obtained through misuse of a promotion or referral program, and may change or end any program on notice. Any referral program is subject to its own published rules.

7. Delivery, Review and Acceptance

7.1 Delivery

LinkIndex will deliver the Services in accordance with your Order and within the timeframe stated at checkout, or where none is stated, within a reasonable period.

7.1A What you must supply

Where an Order needs anything from you (a brief, content, anchor text, target URL, approvals or answers to questions), the delivery timeframe runs from the day you have supplied all of it through the Platform, and is extended day for day by any delay on your side. If you have not supplied what is needed within 30 days after LinkIndex asks for it, LinkIndex may cancel the affected item and refund you the amount paid for it less the LinkIndex Fee, which is retained.

7.2 Review Period

When LinkIndex delivers, you have the Review Period stated on the Order to accept the delivery, or to reject it or request revisions consistent with the scope of the Order. If you take no action within the Review Period, the Order is deemed accepted.

7.3 Revisions

You may request revisions within the Review Period by submitting them through the Platform, stating what needs to change and why. You may not require changes to anything the Order did not specify; where the Order is silent on a point, delivery in line with LinkIndex’s published content standards conforms. The Platform routes your request to the Supplier performing the work, and the Supplier makes reasonable revisions consistent with the original scope on LinkIndex’s behalf. Repeated requests, or requests outside the original scope, may be declined or may require an Amendment.

7.4 If revisions are not made

LinkIndex remains responsible to you for the delivery whether or not the Supplier acts on your request. If the Supplier does not make a reasonable revision within a reasonable time, or the delivery still does not conform to your Order after revision, you may escalate to LinkIndex through the Platform at any point, and LinkIndex will step in.

7.5 Rejection

A rejection must state the reason and what would need to be corrected; a rejection without reasons has no effect. If you reject a delivery on reasonable grounds within the Review Period, or escalate under Section 7.4, LinkIndex will at its option have the Services re-performed, by the same or a different Supplier, or refund you under Section 8.

8. Refunds and Non-fulfillment

8.1 Full refund

If LinkIndex is unable to fulfill an Order, or you rightfully reject delivery within the Review Period, LinkIndex will refund you in full for the affected item.

8.2 Independent of Suppliers

LinkIndex’s refund obligation to you is independent of whether LinkIndex recovers any amount from any Supplier. LinkIndex bears the risk of Supplier non-performance.

8.3 Mechanics

Refunds are issued to the original payment method. Refunds of individual items in a multi-item Order do not affect the remainder of the Order. Payment processing fees charged by LinkIndex’s payment provider on the original transaction may not be recoverable by LinkIndex; LinkIndex nonetheless refunds you the full amount you paid for the affected item.

8.4 Placement after a refund

Where LinkIndex refunds you for a placement that has been published, LinkIndex may have the placement removed. You acquire no right to keep a placement you have been refunded for.

9. Link Guarantees

9.1 What a Guarantee is

Where you purchase a Guarantee, LinkIndex guarantees to you that the placed link will remain live and accessible for the stated Guarantee Term.

9.2 Remedy

If a guaranteed link becomes unavailable during the Guarantee Term, notify LinkIndex through the Platform. LinkIndex will provide a replacement placement of equal or higher quality at no additional cost, or refund you for the affected item. LinkIndex’s arrangements with its Suppliers in support of a Guarantee are LinkIndex’s own responsibility. You do not need to contact, notify or pursue any Supplier.

9.3 Without a Guarantee

Where no Guarantee has been purchased, LinkIndex makes no commitment as to how long a placement remains live.

9.4 Monitoring is not a Guarantee

LinkIndex may offer placement monitoring as a Subscription feature. Monitoring reports the status of a placement to you. It does not oblige LinkIndex to remedy, replace or refund a placement that is no longer live. Only a purchased Guarantee creates that obligation.

9.5 Exclusions

A Guarantee does not apply, and no replacement or refund is due, where a placement becomes unavailable because: you or anyone acting for you removed, altered or asked for its removal; the target URL or your site is no longer live or redirects elsewhere; you or an affiliate acquired the Property; you breached these Terms in relation to the Order; or the Property moved the page to a new address on the same domain, or to a new domain that LinkIndex has accepted as comparable, with a permanent redirect that preserves the link. A Guarantee also does not cover changes in third-party metrics, search rankings, indexation, or how any search engine or AI system treats, cites or describes a placement or site.

9.6 Asking for a placement to be removed

You may ask LinkIndex at any time to have a placement removed. LinkIndex will use reasonable efforts to arrange removal through the Supplier but cannot promise it, since the Property is not under LinkIndex’s control. No refund is due for a placement removed at your request.

10. Subscriptions

10.1 What a Subscription is

A Subscription is a license to use LinkIndex software and the Subscription Services included in your Plan. LinkIndex provides those services itself, and the Subscription Fee is consideration for them.

10.2 Subscriptions are optional and separate from Orders

(a) A Subscription is not required to place an Order. You may purchase Services without any Subscription.

(b) A Subscription is charged separately and does not form part of Our Price for any Order. A Plan may include pricing benefits, such as a reduced LinkIndex Fee on Orders placed while the Plan is active. Any such benefit is applied at checkout and reflected in Our Price as displayed before you place the Order. It is a feature of the Plan, not a right to any particular price, and LinkIndex may change the benefits of a Plan under Section 10.7. If you cancel a Plan, or it ends for non-payment, within 30 days after placing an Order that received a Plan pricing benefit, LinkIndex may charge the payment method on file for the amount of that benefit.

(c) Canceling or failing to pay for a Subscription does not terminate, suspend or vary any Order, and does not affect any amount owed under any Order. Our Price for an Order already accepted is not increased if your Subscription later ends, and is not reduced if you later start one.

(d) Plans provide additional functionality. They do not provide access. Without any Subscription you may browse available Services, place Orders and receive deliverables.

10.3 Plans and Subscription Fees

LinkIndex offers Plans with different features. The features, limits, Subscription Fee and billing period for each Plan are described at the point of purchase. LinkIndex may add, modify or withdraw Plans. Changes to a Plan you already hold are governed by Section 10.7.

10.4 Automatic renewal

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. When you start a Subscription, it continues for the billing period you selected at the point of purchase and then automatically renews for successive periods of the same length, at the then-current Subscription Fee, until you cancel it. You authorize LinkIndex to charge the payment method you provide at the start of each billing period.

Before you start a Subscription, LinkIndex will show you clearly and conspicuously: the Subscription Fee; that it recurs and how often; the length of each billing period; that the Subscription renews automatically until canceled; and how to cancel. You will be asked to give your separate, affirmative consent to these automatic renewal terms, in addition to accepting these Terms generally. LinkIndex will not charge you for a renewing Subscription without that consent.

10.5 Longer billing periods: renewal reminder

If your Plan has a billing period of one year or longer, LinkIndex will email you a reminder not less than 15 days and not more than 45 days before each renewal, stating the amount that will be charged, the date, and how to cancel before you are charged.

10.6 How to cancel

You may cancel your Subscription at any time from your account settings, without contacting anyone. Cancellation takes effect at the end of the billing period already paid for; you keep access to the Subscription Services until then, and you will not be charged again. Subscription Fees are not prorated or refunded for the unused part of a billing period. If a renewal charge has already been made when you cancel, it is not refunded and your Subscription continues to the end of the renewed period.

Canceling through your account settings is the only way to cancel. An email, a support ticket, a chat message or any other communication is not a cancellation and does not stop renewal, although support (support@linkindex.com) will help you find and use the cancellation screen if you ask. The Platform shows you a confirmation when your cancellation is complete and records its date and time.

10.7 Changes to Plans and Subscription Fees

(a) Price changes. LinkIndex may change the Subscription Fee for your Plan by giving you not less than 30 days’ notice by email before the change takes effect. The new fee applies from your first renewal after the notice period. You may cancel before that renewal and you will not be charged the new fee.

(b) Feature changes. LinkIndex may change the features of a Plan. If a change materially reduces the functionality of your Plan, LinkIndex will give you not less than 30 days’ notice by email and you may cancel before it takes effect. LinkIndex may make changes that do not materially reduce functionality without notice.

10.8 Free trials and promotional periods

If LinkIndex offers a free trial or promotional period that converts to a paid Subscription, LinkIndex will disclose before you start it: the length of the trial or promotional period; the Subscription Fee that will be charged when it ends; and the date by which you must cancel to avoid being charged. Where the trial or promotional period exceeds 31 days, LinkIndex will email you a reminder not less than 3 days and not more than 21 days before the first charge.

10.9 Failed payment

If a Subscription Fee cannot be collected, LinkIndex may retry the charge, and may suspend or terminate the Subscription if payment remains outstanding after reasonable attempts. Suspension of a Subscription does not affect any Order.

10.10 Refunds of Subscription Fees

Subscription Fees already paid, including renewal charges, are not refundable in whole or in part, except where required by law, where LinkIndex terminates your Subscription without cause under Section 20, or as otherwise stated in these Terms. Not using the Subscription Services, or forgetting to cancel before a renewal, does not entitle you to a refund. Where LinkIndex terminates without cause, LinkIndex will refund the Subscription Fee for the unused portion of the current billing period.

10.11 Records

LinkIndex retains a record of your consent to automatic renewal, including the date and the terms you consented to.

11. Agency Tools: Proposals and Client Payments

Many Buyers are agencies serving their own clients. The Platform offers tools, whether included in a Plan or made available to Buyers generally, that help you propose Services to your clients and collect payment from them. These tools are for your relationship with your clients. They do not change who sells to whom: LinkIndex sells to you, and you sell to your clients.

11.1 Proposals and white-label tools

The Platform may let you produce proposals for your own clients, including under your own branding on a domain you control. Where you do so, you contract with your own clients on your own account and as principal. LinkIndex has no relationship with, and no obligation to, your clients. You remain solely responsible to LinkIndex for your Orders and to your clients for whatever you have agreed with them. You will not represent to your clients that they are contracting with LinkIndex, or that LinkIndex has any obligation to them.

11.1A Custom domains

If you choose to serve proposals or other client-facing pages from your own domain, you must own or control that domain and configure its DNS records as the Platform instructs. By doing so you authorize LinkIndex to serve those pages from your domain and to obtain, install and renew security certificates for it on your behalf. You are responsible for your domain registration, your DNS records, and everything served from your domain. The pages are served on your behalf and under your branding; they are your communication to your clients, not LinkIndex’s, and Section 11.1 applies to them. Information about your clients and their visitors collected through those pages is processed by LinkIndex on your behalf to provide the feature, as described in the Privacy Policy, and you are responsible for any notice to or consent from your clients that your use of it requires. LinkIndex may suspend or stop serving pages from a domain that it reasonably considers is being used misleadingly, unlawfully or in breach of these Terms, and may withdraw custom domain support generally on 30 days’ notice. When your use of the feature ends for any reason, you are responsible for removing the DNS records that point your domain to the Platform.

11.2 Client payment collection

The Platform may let you connect your own account with a third-party payment provider and use the Platform to request and collect payments from your clients, for example as prepayment for Services you intend to purchase from LinkIndex on their behalf. Where you use this feature:

(a) The money is yours, not ours. Your client pays you. Funds move directly from your client to your own payment provider account. LinkIndex never receives, holds, controls or has any interest in those funds, is not a party to the payment, and does not act as a payment processor, escrow agent, or money transmitter for you or your client.

(b) You are the merchant. You are the merchant of record for your client. You set the amount, you issue any receipt or invoice, you are responsible for your own terms with your client and for any refund, chargeback or dispute your client raises, and you are responsible for any sales, use, VAT or similar tax on what you charge your client. Your use of the payment provider is subject to its own terms, and LinkIndex is not responsible for its availability, holds, reserves, account limitations or fees.

(c) A client payment is not an Order. A payment from your client to you does not create an Order, is not a payment to LinkIndex, and does not oblige LinkIndex to supply anything. You place Orders and pay Our Price to LinkIndex under Section 6 in the ordinary way, from your own funds.

(d) LinkIndex’s fee. LinkIndex charges you a fee for each payment collected through this feature. The rate is shown to you when you connect your payment provider account, and the rate then in effect applies to each payment collected while that connection remains active. The fee is deducted by the payment provider from each payment before the balance settles to your account, and is paid to LinkIndex by the payment provider under its partner arrangements with LinkIndex. The payment itself is made to you; LinkIndex receives only its fee. LinkIndex may change the rate on not less than 30 days’ notice by email; the new rate applies only to payments collected after it takes effect. The fee is consideration for the software and services LinkIndex provides to you. It is charged to you, not to your client. It is earned when your client’s payment completes and is not refunded if you later refund your client.

(e) No representation to clients. You will not represent to your client that they are paying LinkIndex, contracting with LinkIndex, or protected by LinkIndex, and you will not use LinkIndex’s name or marks on payment requests except as the Platform provides. Section 11.1 applies to your relationship with your client.

(f) Permitted use. This feature exists to let you collect payment from your own clients for Services you will purchase from LinkIndex on their behalf, together with your own charges for arranging and managing them. Each payment request must relate to identified Services available through the Platform, whether proposed, ordered or delivered. You will not use the feature as a general invoicing or payment tool, to collect payment for services unrelated to the Platform, or for anything unlawful or prohibited by the payment provider’s acceptable use policy. LinkIndex may disable the feature for an account that uses it outside this scope.

12. Content and Intellectual Property

12.1 Content you supply

Where you supply content, links, anchor text, briefs, images or other material for use in an Order (“Buyer Content“), you represent and warrant that:

• you own or have all rights necessary to supply it and to permit its publication as contemplated by the Order;
• it does not infringe any copyright, trademark, right of publicity, privacy right or other right of any person;
• it is not defamatory, deceptive, unlawful, or in breach of any applicable advertising, consumer protection, or disclosure law;
• any claims it makes about products or services are truthful and substantiated; and
• where it promotes a product or service, you have authority from the relevant advertiser to have it published; and
• where the product, service or activity promoted requires a license, permit, registration or other authorization to be offered or advertised (for example gambling, financial services, pharmaceuticals, cannabis or CBD products, or regulated professions), the advertiser holds it, and you will provide evidence of it within 7 days of LinkIndex’s request.

You are responsible for the accuracy and legality of all Buyer Content. LinkIndex may decline, remove or require modification of Buyer Content that it reasonably considers unlawful, infringing, deceptive, or inconsistent with these Terms or with the standards of the property on which it is to be placed.

12.2 Disclosure of paid content

Paid placements are commercial content. Applicable law, including the FTC Act and the FTC’s Endorsement Guides in the United States and equivalent law elsewhere, may require that paid or sponsored content be clearly and conspicuously identified as such to readers. LinkIndex requires its Suppliers to comply with such requirements on the properties they publish. You will not request or require that any legally required disclosure be omitted, obscured or removed, and you acknowledge that a placement bearing a lawful disclosure conforms to your Order.

12.3 License to LinkIndex

You grant LinkIndex a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt and transmit Buyer Content, and to sublicense it to Suppliers, for the purpose of fulfilling your Orders.

12.4 License to you

LinkIndex obtains from its Suppliers the rights in delivered materials necessary to perform its obligations to Buyers. LinkIndex grants you a limited, non-exclusive, worldwide license to use the deliverables for your marketing and SEO purposes and those of your clients.

12.5 Copyright complaints

LinkIndex responds to notices of claimed copyright infringement under the US Digital Millennium Copyright Act. Notices must be sent to LinkIndex’s designated agent at legal@linkindex.com or the postal address in Section 23, and must include the information required by 17 U.S.C. § 512(c)(3). LinkIndex may remove or disable access to material that is the subject of a notice, will notify the account that supplied it, and will accept counter-notices under § 512(g). LinkIndex terminates, in appropriate circumstances, the accounts of users who are repeat infringers.

12.6 LinkIndex property

LinkIndex retains all rights in the Platform, the Subscription Services, its software, data, trademarks and underlying technology. Nothing in these Terms transfers any of them to you. Feedback you provide may be used by LinkIndex without restriction or obligation.

13. Buyer Conduct

13.1 Non-circumvention

LinkIndex’s Supplier relationships, Supplier identities and Supplier Costs are LinkIndex’s confidential commercial information and a core asset of its business. That LinkIndex may itself publicize the names of some of its Suppliers does not make this information public or release you from this Section. You agree not to:

• use information obtained through the Platform to identify, contact or solicit LinkIndex’s Suppliers for the purpose of procuring services outside LinkIndex;
• attempt to contract directly with any Supplier for services of the type offered through the Platform;
• share or request contact information with a Supplier through the Platform, or accept an invitation from a Supplier to communicate or transact outside it; or
• disclose Supplier identities or Supplier Costs to third parties.

This obligation applies for as long as you hold an account and continues for 24 months after your account is closed. The obligation not to disclose Supplier identities or Supplier Costs continues for as long as that information remains confidential. If a Supplier invites you to deal outside the Platform, please report it to LinkIndex.

13.2 Acceptable use

You will not use the Platform or the Services: unlawfully; to infringe the rights of others; to distribute malware, spam or harmful content; to circumvent access controls or usage limits; to share, resell or sublicense your account or Subscription; or to build a competing product.

13.3 No scraping or data extraction

The catalog of Services, the properties and metrics shown for them, Our Prices, Supplier Costs, and the other data displayed on the Platform (“Platform Data“) are compiled, curated and maintained by LinkIndex at substantial cost, are LinkIndex’s property, and are made available to you only for viewing and for placing Orders through the Platform.

(a) What you may not do. You will not, and will not permit or assist anyone else to:

• access the Platform by any automated means, including bots, crawlers, spiders, scripts, headless browsers, browser extensions or plug-ins that extract data, or any tool that simulates human use, other than through a Programmatic Interface used in accordance with Section 3.7 and this Section;
• copy, download, extract, harvest, mirror or systematically collect Platform Data, whether by automated means or manually, beyond what an individual user needs to browse and place Orders in the ordinary course;
• compile, aggregate or reconstruct any list, database or dataset of Platform Data, including lists of properties, prices, metrics or availability;
• use Platform Data to build, train, populate, validate or improve any product, service, dataset or model, including any machine learning or AI model;
• share, publish, sell, license or otherwise disclose Platform Data to any third party, including by sharing screenshots, exports or reports containing it other than with your own clients in connection with Services you are purchasing for them;
• use multiple accounts, shared credentials, rotating IP addresses, proxies or any other technique to evade rate limits, access controls or detection; or
• access the Platform, or permit access, on behalf of a competitor of LinkIndex or for the purpose of competitive analysis.

(b) Programmatic Interfaces. Where LinkIndex provides a Programmatic Interface, you may use it only with credentials issued to your account, within the rate limits and for the purposes LinkIndex specifies, and subject to Section 3.7 and any separate developer terms. A Programmatic Interface exists to let you browse the catalog and manage your own Orders and account more conveniently. Using it to collect Platform Data at a scale or for a purpose beyond that, or to feed Platform Data into any product, dataset or model, is prohibited by paragraph (a) in the same way as any other automated access.

(c) Your own data. Nothing in this Section restricts you from exporting or using data about your own Orders, deliverables, Subscriptions and account activity through the tools the Platform provides.

(d) Technical measures. LinkIndex may use technical measures to detect and prevent automated access and data extraction, including rate limiting, fingerprinting, access blocking and monitoring of usage patterns, and you will not interfere with or circumvent them.

(e) Consequences. Breach of this Section is a material breach of these Terms. LinkIndex may immediately suspend or terminate your account and any account it reasonably believes is associated with you, without refund, and may pursue any other remedy available to it. You acknowledge that a breach of this Section would cause LinkIndex harm that cannot be fully compensated in money, and that LinkIndex is entitled to injunctive relief to restrain a breach or threatened breach without posting a bond, in addition to any other remedy. You will be liable for LinkIndex’s reasonable costs of investigating a breach of this Section and of enforcing it, including attorneys’ fees.

(f) Survival. This Section survives the closure of your account. Platform Data obtained during your use of the Platform remains subject to it.

13.4 Automated moderation

The Platform uses automated systems, including third-party AI services, to monitor communications and content for compliance with these Terms. By using the Platform you consent to that processing as described in the Privacy Policy.

14. Confidentiality and Publicity

14.1 Confidentiality

Neither party will disclose or misuse confidential information of the other obtained through the Platform, including business data, pricing, client information and trade secrets, except as required by law or as necessary to perform under these Terms. This obligation survives termination.

14.2 Publicity

The fact that you are a LinkIndex customer is not confidential information. You grant LinkIndex a non-exclusive, royalty-free, perpetual license to use your business name and logo on the LinkIndex website and in LinkIndex marketing materials to identify you as a customer or former customer of LinkIndex. You do not need to provide brand guidelines for this license to apply; where you have none, LinkIndex may use your name and logo as they appear on your website or in your account. If you later give LinkIndex reasonable brand guidelines, LinkIndex will follow them for new uses within a reasonable time, but is not required to withdraw or alter materials already published. LinkIndex will not state or imply any endorsement beyond the fact that you have used the Platform, and will not disclose your Orders, spend, Suppliers or clients. This license survives the closure of your account.

15. Privacy

Your use of the Platform is subject to the LinkIndex Privacy Policy at linkindex.com/privacy, which explains how personal and transactional data is collected, stored and processed. By using the Platform you consent to that processing in accordance with applicable law.

16. Warranties

LinkIndex warrants that the Services will be performed with reasonable skill and care and will conform in material respects to your Order, and that the Subscription Services will perform materially as described for your Plan. Your exclusive remedy for breach of this warranty is re-performance, replacement or refund under Sections 7, 8 and 9.

17. Disclaimers

EXCEPT AS EXPRESSLY STATED IN SECTION 16, THE PLATFORM, THE SERVICES AND THE SUBSCRIPTION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, LINKINDEX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LINKINDEX DOES NOT GUARANTEE SEO OUTCOMES, SEARCH ENGINE RANKINGS, TRAFFIC, INDEXING, THE TREATMENT OF ANY PLACEMENT BY ANY SEARCH ENGINE, OR ANY PARTICULAR COMMERCIAL RESULT. THE SAME APPLIES TO AI SEARCH AND ANSWER SYSTEMS, LARGE LANGUAGE MODELS, CHATBOTS AND AI ASSISTANTS: LINKINDEX DOES NOT GUARANTEE THAT ANY PLACEMENT OR SITE WILL BE CRAWLED, INDEXED, RETRIEVED, CITED, MENTIONED, RECOMMENDED OR DESCRIBED IN ANY PARTICULAR WAY BY ANY SUCH SYSTEM, OR THAT ANY TRAFFIC OR VISIBILITY WILL RESULT. SEARCH ENGINES AND AI SYSTEMS SET AND CHANGE THEIR OWN POLICIES, MODELS, TRAINING DATA AND SOURCES, AND LINKINDEX HAS NO CONTROL OVER THEM.

Metrics. Domain ratings, authority scores, traffic estimates, AI search or AI referral traffic figures, citation or mention counts and similar figures shown on the Platform come from third-party tools, from data a Supplier has connected to the Platform (such as Google Analytics or Search Console), or from Supplier statements. They are presented as received, are measured when a listing is published or an Order is accepted and may be checked before delivery, and are not warranted to be accurate, current or to remain unchanged. A later change in any metric is not a defect in the Services and does not give rise to a refund or replacement.

Your strategy. Anchor text, target URLs, the mix and pace of placements, and the content you supply are your decisions. LinkIndex is not responsible for the effect of those decisions on any site, ranking, search engine treatment or treatment by any AI system.

LinkIndex recommendations. The Platform may offer recommendations, including a Link Building Game Plan, suggested Services or placements, and suggestions about Your Sites themselves, such as page titles, headings, content or structure. These are generated automatically from Platform Data, third-party data and any data sources you have connected, may be produced with the help of AI, and are provided for your information only. They are not professional advice, are not warranted to be accurate, complete or suited to your situation, and may be wrong. Whether to act on a recommendation, including whether to buy a Service or to change anything on Your Sites, is entirely your decision and at your risk. LinkIndex is not responsible for any outcome of acting or not acting on a recommendation, including any improvement or decline in rankings, traffic, indexation, conversions or revenue, and is not responsible for changes you make to Your Sites. A recommendation is not an offer, does not change Our Price or any Guarantee, and creates no obligation on LinkIndex. Section 5.6 governs recommendations made by Suppliers.

18. Limitation of Liability

18.1 Exclusion of certain damages

TO THE FULLEST EXTENT PERMITTED BY LAW, LINKINDEX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, THE SERVICES OR ANY SUBSCRIPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, LINKINDEX’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO AN ORDER WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID LINKINDEX FOR THAT ORDER. LINKINDEX’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A SUBSCRIPTION WILL NOT EXCEED THE SUBSCRIPTION FEES YOU PAID LINKINDEX IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

18.3 Exceptions

Nothing in these Terms limits or excludes liability for fraud or fraudulent misrepresentation, gross negligence or wilful misconduct, death or personal injury caused by negligence, a party’s indemnification obligations, breach of Section 14.1 (Confidentiality), or any liability that cannot lawfully be limited or excluded.

18.4 Basis of the bargain

You acknowledge that Our Price and the Subscription Fees reflect this allocation of risk, and that LinkIndex would not provide the Services or Subscription Services on these terms without it.

19. Indemnification

You will defend, indemnify and hold harmless LinkIndex, its affiliates, and their officers, employees and agents from and against all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to: Buyer Content; your breach of Section 12.1 or 12.2; your use of the Platform or Services in breach of these Terms or applicable law; any claim by your client or any third party relating to services you provide using deliverables from LinkIndex; any claim relating to a payment you collect under Section 11.2, including refunds, chargebacks and taxes; any regulatory or governmental investigation, enforcement action, fine or penalty arising from Buyer Content, the products, services or activities you promote, or your use of the Platform; your breach of Section 13; any claim that you lacked authority to add a site or connect a data source under Section 3.8; or the acts of any software or agent you connect to the Platform under Section 3.7.

LinkIndex will notify you promptly of any claim, allow you to control the defense with counsel reasonably acceptable to LinkIndex, and cooperate at your expense. LinkIndex may participate with its own counsel at its own expense. You will not settle any claim in a way that imposes obligations on LinkIndex without LinkIndex’s written consent.

20. Suspension and Termination

20.1 By you

You may close your account at any time. Closing your account does not affect Orders already accepted, which will be completed or refunded under these Terms, or any Subscription Fee already paid.

20.2 By LinkIndex for cause

LinkIndex may suspend or terminate your account, any Order, or any Subscription immediately for breach of these Terms, fraudulent or abusive activity, chargebacks or payment disputes initiated without first contacting LinkIndex, attempted circumvention under Section 13.1, or scraping or data extraction under Section 13.3.

20.3 By LinkIndex without cause

LinkIndex may terminate your account or any Subscription without cause on not less than 30 days’ notice by email. In that case LinkIndex will complete or refund accepted Orders under these Terms and refund the unused portion of any Subscription Fee.

20.4 Effect

On termination, your license to use the Platform and Subscription Services ends. Sections 6.4, 6.5, 11.2(b), 12, 13.1, 13.3, 14, 17, 18, 19, 21 and 23 survive.

21. Disputes, Governing Law and Courts

21.1 Talk first

Before starting any proceeding, the party raising a dispute will send the other a written notice describing the dispute and the relief sought, to legal@linkindex.com (for notices to LinkIndex) or to your registered email address (for notices to you). The parties will attempt in good faith to resolve the dispute for at least 30 days after the notice is received before either starts proceedings, except where a party seeks urgent injunctive relief.

21.2 Governing law

These Terms, and any dispute arising out of or relating to them, the Platform, the Services, any Order or any Subscription, are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.3 Courts

The state and federal courts located in Bucks County, Pennsylvania have exclusive jurisdiction over any such dispute. Each party submits to the personal jurisdiction and venue of those courts and waives any objection that they are an inconvenient forum. LinkIndex may also seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, or to enforce Section 13.

21.4 Jury trial waiver

To the extent permitted by law, each party waives any right to a trial by jury in any proceeding arising out of or relating to these Terms. Each party acknowledges that this waiver is made knowingly and voluntarily and that it has had the opportunity to take legal advice on it.

21.5 Individual claims

Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. If this sentence is found unenforceable as to a particular claim, it will not apply to that claim, and the remainder of this Section 21 continues to apply.

21.6 Time limit

Any claim arising out of or relating to these Terms must be brought within two (2) years after the claim arises, or it is barred, except where applicable law does not allow the limitation period to be shortened.

21.7 Attorneys’ fees

In any proceeding to enforce these Terms, the prevailing party may recover its reasonable attorneys’ fees and costs from the other party, where the court so awards.

22. Changes to These Terms

22.1 Notice

LinkIndex may modify these Terms. LinkIndex will give you notice of any modification by email to your registered address and by notice on the Platform, not less than 30 days before it takes effect, stating the effective date. Where a modification is required by law, by a court or regulator, or by the rules of a payment provider, or is needed to address a security risk or a legal risk to LinkIndex or its users, LinkIndex may make it effective on shorter notice or immediately, and will say so in the notice; the modification is otherwise subject to this Section.

22.2 Material changes require re-acceptance

If a modification materially changes Section 18 (Limitation of Liability), Section 21 (Disputes, Governing Law and Courts), or the way Our Price or Subscription Fees are determined under Sections 6 and 10, you will be asked to accept the modified Terms before they apply to you. If you do not accept, the prior Terms continue to apply to Orders and Subscriptions in existence, and LinkIndex may decline new Orders or Subscriptions from you until you accept. A change to the amount or rate of the LinkIndex Fee, of Our Price for any Service, or of a Subscription Fee is not a modification of these Terms and never requires re-acceptance: Our Price and the LinkIndex Fee are set at checkout under Section 6, and Subscription Fee changes are made under Section 10.7.

22.3 Other changes

For other modifications, your continued use of the Platform after the effective date constitutes acceptance. If you do not agree, close your account before the effective date.

22.3A Minor corrections

LinkIndex may correct typographical errors, update contact details, links or formatting, renumber or reorganize sections, and make clarifications that do not change the rights or obligations of either party, without notice and without re-acceptance. Such corrections take effect when posted and are identified by a change to the minor version number (for example 2.0 to 2.0.1).

22.4 Existing Orders

An Order is governed by the version of these Terms in effect when LinkIndex accepted it. A modification does not change the terms of any Order already accepted.

22.5 Version history

LinkIndex maintains an archive of prior versions of these Terms and will provide the version applicable to any Order on request.

23. General

• Entire agreement. These Terms, the Privacy Policy, and the details of any Order or Plan you accept are the entire agreement between you and LinkIndex regarding their subject matter and supersede all prior agreements, including any prior terms of service.
• No other terms. These Terms apply to every Order and Subscription to the exclusion of any terms you seek to impose or incorporate by purchase order, vendor form, confirmation or otherwise, whether or not LinkIndex has acknowledged such a document. A purchase order number may be recorded on an Order for your reference only.
• Custom agreements. If you and LinkIndex sign a separate written agreement, such as an enterprise agreement, that agreement prevails over these Terms to the extent of any conflict, and these Terms continue to apply to everything it does not address.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect.
• Assignment. You may not assign or transfer these Terms without LinkIndex’s written consent. LinkIndex may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of search engines, hosting providers or payment providers, provided it uses reasonable efforts to mitigate.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Independent parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and LinkIndex.
• Notices. Notices to LinkIndex must be sent to legal@linkindex.com or Pitchbox, LLC d/b/a LinkIndex, 626 Jacksonville Road, Suite 105, Warminster, PA 18974, United States. Notices to you will be sent to your registered email address or posted on the Platform.
• Export and sanctions. You represent that you are not located in, and will not use the Platform on behalf of anyone in, a country or territory subject to comprehensive US sanctions, and that you are not on any US government restricted-party list.
• Headings. Headings are for convenience and do not affect interpretation.

By creating an account, placing an Order or starting a Subscription, you acknowledge that you have read, understood and agreed to these Terms of Service.