Terms of Service

Welcome to PowerLink. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and PowerLink, LLC ("PowerLink," "Company," "we," "our," or "us") governing your access to and use of the PowerLink platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using PowerLink, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of those changes.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to both you individually and the organization.

2. Description of Service

PowerLink is a professional networking intelligence platform that provides:

• Connection Management: Tools to import, organize, and manage your professional connections from various sources including LinkedIn.
• Data Enrichment: Services to enhance your contact data with additional professional information through third-party data providers.
• Smart Search: AI-powered search capabilities to find and filter connections based on various criteria.
• PowerLink Messaging: A paid messaging system that allows users to send incentivized messages to connections.
• Analytics & Insights: Dashboards and visualizations to understand your professional network.
• Contact Scoring: Algorithmic scoring of connections based on influence, relationship strength, and other factors.

PowerLink is an independent service and is not affiliated with, endorsed by, sponsored by, or in any way officially connected with LinkedIn Corporation, Microsoft Corporation, or any other third-party platform.

3. Eligibility

To use PowerLink, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
• Have the legal capacity to enter into a binding agreement.
• Not be prohibited from using the Service under applicable laws.
• Not have been previously suspended or removed from the Service.
• Provide accurate, current, and complete information during registration.

By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility at any time.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Create a strong, unique password for your account.
• Not share your account credentials with any third party.
• Immediately notify us of any unauthorized access or use of your account.
• Ensure that you log out of your account at the end of each session.

We will not be liable for any loss or damage arising from your failure to protect your account credentials.

5. User Content and Data

5.1 Your Content

"User Content" includes any data, information, text, files, or other materials you upload, import, or otherwise provide to the Service. You retain all ownership rights to your User Content. By providing User Content to the Service, you grant PowerLink a non-exclusive, worldwide, royalty-free license to use, copy, process, and display your User Content solely for the purpose of providing and improving the Service.

5.2 Connection Data

When you import connection data from third-party platforms (such as LinkedIn), you represent and warrant that:

• You have the right to export and use such data.
• Your use of such data complies with the terms of service of the originating platform.
• You will not use the Service to violate the privacy rights of your connections.

5.3 Data Accuracy

While we strive to provide accurate data enrichment services, we do not guarantee the accuracy, completeness, or reliability of any enriched data. You acknowledge that contact information and professional details may change over time and may not always be current.

6. PowerLink Messaging System

6.1 Overview

PowerLink offers a paid messaging feature ("PowerLink Messages") that allows users to send incentivized messages to their connections. Senders pay a fee, a portion of which may be offered to recipients as an incentive to respond.

6.2 Sender Responsibilities

When sending PowerLink Messages, you agree to:

• Send messages only to individuals with whom you have a legitimate professional connection or reason to contact.
• Not use the messaging system for spam, harassment, or any illegal purpose.
• Provide truthful information about yourself and your intentions.
• Comply with all applicable anti-spam laws, including CAN-SPAM and GDPR requirements.

6.3 Payment Terms

All payments for PowerLink Messages are processed through our third-party payment processor (Stripe). By making a payment, you agree to Stripe's terms of service. Fees are charged at the time of message submission and are generally non-refundable except as required by law or at our sole discretion.

6.4 Recipient Payments

Recipients who respond to PowerLink Messages may receive payment as specified in the message. Payment processing may take up to 14 business days and is subject to identity verification requirements.

7. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights.
• Send unsolicited commercial messages (spam) or engage in any form of harassment.
• Impersonate any person or entity or misrepresent your affiliation.
• Upload or transmit viruses, malware, or other malicious code.
• Attempt to gain unauthorized access to the Service or related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Scrape, crawl, or use automated means to access the Service without permission.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to compete with PowerLink or to build a similar service.
• Sell, resell, or commercially exploit the Service without authorization.
• Harvest or collect information about other users without consent.
• Violate the terms of service of any third-party platform integrated with the Service.

8. Credits and Subscription

8.1 Credit System

PowerLink may use a credit-based system for certain features such as data enrichment. Credits are non-transferable and have no cash value. Unused credits may expire as specified in your account settings or subscription terms.

8.2 Subscriptions

If you subscribe to a paid plan, you agree to pay all applicable fees. Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.

8.3 Refunds

Fees are generally non-refundable except where required by law. We may, at our sole discretion, provide refunds or credits in certain circumstances.

9. Intellectual Property

9.1 PowerLink Property

The Service, including all software, algorithms, designs, graphics, logos, and content created by PowerLink, is owned by PowerLink and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

9.2 Third-Party Trademarks

LinkedIn, Microsoft, and other third-party names, logos, and trademarks are the property of their respective owners. PowerLink's use of these names is for identification purposes only and does not imply endorsement or affiliation.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution.

10. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party services, including but not limited to:

• LinkedIn: For connection data import.
• Apollo.io: For data enrichment services.
• Stripe: For payment processing.
• OpenAI: For AI-powered features.
• AWS: For cloud infrastructure and email services.

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, privacy practices, or availability of third-party services.

11. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA OR CONTENT.
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• POWERLINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• POWERLINK'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO POWERLINK IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF POWERLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless PowerLink and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights, including privacy or intellectual property rights.
• Any content you upload or provide to the Service.
• Your violation of any applicable law or regulation.

15. Termination

15.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Service will immediately cease.

15.2 Termination by PowerLink

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms.
• Conduct that we believe is harmful to other users or the Service.
• Extended periods of inactivity.
• Requests by law enforcement or government agencies.
• Discontinuation of the Service.

15.3 Effect of Termination

Upon termination, all licenses granted to you under these Terms will immediately terminate. We may delete your account and User Content. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@powerlink.ai. We will attempt to resolve the dispute informally within 60 days.

16.2 Arbitration Agreement

If informal resolution is unsuccessful, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Maryland, USA, unless otherwise agreed. The arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class actions against PowerLink.

16.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Maryland.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Effective Date" above. For significant changes, we may also notify you by email. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PowerLink regarding the Service and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

PowerLink shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. Contact Information

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