TERMS AND CONDITIONS

Version: September 29, 2020

These terms govern the use of the website and services of LinkResearchTools (LRT) and Link Detox - hereinafter also being referred to as “the Service” – which is implemented, operated and hosted by the company LinkResearchTools GmbH (“the Provider” or “LRT”). By registration to the Service you hereinafter referred to as “the Client” agree to be bound by the following Terms and Conditions (this “Agreement”) below. If the Client objects to anything in this Agreement, the Client cannot use the Service.

1. Description of the Service

The Service provides users with access to a comprehensive collection of resources, as for example search engine optimization tools and link analysis tools.

2. Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of the Client use of and relationship with the Service. These Terms and Conditions may be changed and modified by the Provider at any time. The modifications will be effective upon posting on the Website of the Service by the Provider. The Client agrees to the modification by further use of the Service.

In addition, from March 4 2019, any order, contract, tax confirmation or other official company documents between LRT and 3rd parties that were previously “ink signed” are, exclusively signed in electronic form using the qualified electronic signature (QES) of Christoph C. Cemper per eIDAS (established in EU Regulation 910/2014 of 23 July 2014). No other authorized company signatories were or are active since March 2015

3. Electronic Form

By accessing the Service the Client consents to have this Agreement provided to the Client in an electronic form. To access and retain this electronic Agreement, the Client must have access to the World Wide Web.

4. Proprietary Rights

The Provider owns and retains all proprietary rights of the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of the Provider.

5. No Resale or Redistribution of Service

With this Agreement the Client agrees not to reproduce, duplicate, copy, sell, trade, resell, modify, and create derivative works, or exploit for any commercial purposes, any portion of the Service.

6. Privacy

The use of the website, software, tutorial, training requires you, the client, to accept the Privacy Policy of LinkResearchTools. By using the Service, the client provides his or her consent to all LinkResearchTools Data requests.

Unless specified otherwise, all Data requests by LinkResearchTools are mandatory and failure to provide this Data may make it impossible for LinkResearchTools to provide its services. In cases where LinkResearchTools specifically state that some Data is not mandatory, the Client is free not to communicate this Data without consequences to the availability or the functioning of the Service.

Clients who are uncertain about which Personal Data is mandatory are welcome to contact LinkResearchTools.

Any use of Cookies – or of other tracking tools – by LinkResearchTools – or by the owners of third -party services used by LinkResearchTools serves the purpose of providing the Service as required by the Client, in addition to any other purposes described in the Cookie Policy, if available.

The Client is responsible for any third-party Personal Data obtained, published or shared through LinkResearchTools and confirms that he or she has the third party’s consent to provide the Data to LinkResearchTools.

The Client may exercise certain rights regarding their Data processed by the Provider.

In particular, the Client has the right to do the following:

  • Withdraw your consent at any time – Client has the right to withdraw consent where they previously give consent to the processing of their Personal Data.
  • Object to Processing of their Data – Client has the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent as stated in the Privacy Policy.
  • Verify and seek rectification – Client has the right to verify the accuracy of their data and ask for it to be updated or corrected.
  • Restrict the processing of their Data – Client has the right, under certain circumstances, to restrict the processing of their Data. In this case, the Provider will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed – Client has the right, under certain circumstances, to obtain the erasure of their Data from the Provider.
  • Lodge a complaint – Client has the right to bring a claim before their competent data protection.

You, the Client acknowledge that you understand the Client’s rights as well as LinkResearchTools rights as described in the Privacy policy and has given your explicit consent to the Data requirements.

7. Unauthorized Usage

7.1. The Client must be a human being. Accounts must not be registered by “bots” or any other automated methods.

7.2. The Client has one Main account. In this Main account, the Client can add sub-users, who can use the account as well. These sub-users will be managed by the Client. Depending on the plan purchased by the Client, the Client will be allocated with a specific, limited, number of sub-users.

7.3. The Client must not modify, adapt, or hack the Service or modify another website to falsely imply that it is in any way associated with the Service of the Provider. The Client may not reverse engineer or reuse source code that is in public view. This includes all JavaScript. The source code is the Provider’s copyright.

7.4 Any measures, tricks, or workarounds to exploit the Provider´s system in the purpose to circumvent Client´s account limitations are seen as a breach of contract and can lead to immediate account termination, forfeiting all data and remaining credits and upfront payments.

8. Age Requirements

The Client must be at least eighteen (18) years of age to use the Service. By using the Service, the Client warrants and represents that the Client has the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. As the Service is intended for adults, the Provider will not knowingly collect personal information from children under thirteen (13) years of age. If the Client is a parent or a legal guardian of a child under the age of thirteen (13) and believes that a child has submitted personal information to the Service, please contact the Provider at the E-Mail helpdesk@linkresearchtools.com.

9. Blocking of IP Addresses

The Provider reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website of the Service. In this way, the Provider can ensure the integrity of the Service.

10. Subscriptions, Charges on your Billing Account

10.1. General

The Client agrees to pay the Provider the subscription fee specified on the relevant invoice for the specified recurring subscription period.

10.2. Payment Method

A valid Paypal account, a valid credit card, or a bank account is required to subscribe to the Service.

The provider provides the following payment methods: Paypal, Mastercard, Visa, Amex, Visa Electron, ServiRed, Dankort, Postepay, Cartes Bancaires, Direct Debit. For PayPal to bill a subscription type product, a valid credit card is required.

None of the Client billing information is stored on the Provider’s servers.

If the Client chooses to pay via Credit Card, the billing system will reserve the amount for the next cycling period seven (7) days before the actual payment day. If a reservation has already occurred and the Client cancels the Service after the reservation, the Client must wait until the reservation automatically ended or the Client claim the resolution of the reservation at Client credit card bank. Please note that the duration of the reservation depends on the credit card issuing bank, the automatic resolution of the reservation after termination of the Service may last, therefore, under some circumstances, longer than seven (7) days.

10.3. Invoiced Subscriptions

Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts.

If the Provider has agreed to enter an invoicing relationship with the Client, all invoices must be paid within five (5) workdays.

Invoice paid subscriptions are not subject to the “Price Grandfathering Policy” referred to in 10.12.

10.4. Cancellation

For security reasons, a phone call to the Provider is not sufficient to cancel Client account or subscription. Client may cancel at any time by contacting our helpdesk in writing via the form available under the account settings. Cancellation does not entitle the Client to a refund. The cancellation period is 30 days before begin of the new service period with automatic charges, 90 days before begin of the new service period with payment via invoice. The Client will continue to have access to the Service until the end of subscription term. In the event of a forced return by PayPal dispute or credit card chargeback all data of the Client will be deleted immediately.

10.5. Auto-Renewal of the Client’s Subscription Period

The Client is entitled to receive the Service only during the subscription period specified on the offer or invoice. All subscriptions will automatically renew at the end of the subscription period until canceled by the Client. The Client will not receive any notice of auto-renewal at any time.

10.6. Recurring Billing

All subscription plans use recurring billing. The Client will automatically be invoiced and charged the subscription fee for the subsequent period until cancelled according to the terms specified in 10.4.

By entering into this Agreement, the Client accepts all responsibility for all recurring charges prior to cancellation. The recurring billing will take place based on the time zone of the Provider.

10.7. Payment failures

The customer is obliged to solve all problems that lead to payment defaults within 48 hours. Failed debit attempts of a new payment, e.g.: by an expired credit card, do not release the customer from the obligation to pay.

10.8. Bonus or Trial Periods

If Bonus or Trial periods are provided to the Client as free service periods they are not eligible for conversion into paid services.

10.9. No Refunds

The Provider is not obligated to provide the Client a refund at any time. If the Client chooses to cancel the Client account during the Subscription Period, Client will not be refunded in whole or in part. If the Client chooses to downgrade Client plan level during the Subscription Period, Client may be entitled to pay a lower amount upon renewal, but the Client is not entitled to a refund at any time.

Digital / Electronic training materials (“the Material”) are a confirmed sale and are non-refundable. Each digital Material for sale in the Provider’s digital stores (like, but not limited to, Amazon, Udemy, academy.linkresearchtools.com, linkresearchtools.simplero.com, store.linkresearchtools.com) is a license to view the Provider’s Material, which includes online streaming video tutorials and coaching demos and/or downloadable written content. The Provider’s Material is only available for instant streaming or instant download, and the Provider cannot identify whether the Client has viewed the Material once the Client has purchased it. When purchasing any Material, the Client will be deemed to have viewed the Material. For this reason, all Material purchases are final and all fees non-refundable. If the Client buys access to a live event (webinar) and does not show up, the Client will not be eligible for a refund as well.

The Provider does not guarantee that its Material are fully compatible with any third-party programs and the Provider does not offer support for third-party applications. The Provider’s Support Team is always eager to assist the Client and deliver highly professional support promptly.

10.10. Current Information Required

The Client is obliged to supply current, complete, and accurate information to the Provider.

Clients with head office located within the European Union are solely responsible to supply their Value Added Tax (VAT) number to the provider; otherwise, they will be charged with the domestic VAT amount as applicable in the Client’s originating country.

If the Client provides the VAT number after payment, a subsequent recalculation of the sales tax or a refund of the sales tax is not possible due to the previously announced transfer of tax liability by the provider.

The Client is solely responsible to update Client data in any case of a change.

10.11. Reaffirmation of Authorization

The Client’s non-termination or continued use of the Service reaffirms that the Provider is authorized to charge Client Payment Method.

10.12. Price Grandfathering Policy

The Price Grandfathering Policy is the method for appreciating loyal Clients that keep their account in good standing. Loyal Clients always pay the subscription price for the purchased plan and the duration that was signed for as long as the account is in good standing and paid automatically.

If the Client cancels or has a failing credit card, the Provider allows a 14-days grace period after that cancellation to sign up again and re-activate the account at the old price. Beyond those fourteen (14) days after cancellation, the Client must pay the current price.

Non-subscription products (“add-ons”) are not subject to this policy.

A change of the current plan will result in a forfeit of any old plan benefits (such as the grandfathering policy). When an account is downgraded to a smaller plan the results of the bigger plan are only available for as long as the bigger account is paid for. After the expiration of the bigger account, Provider deletes all reports and data that do not fit into the current (and smaller) plan that was purchased by the Client.

The “price grandfathering” rule only applies to automatic payments such as credit card debits, Pay-Pal or direct debit, and under no circumstances to payment on account, where the current price is charged at each renewal.

10.13. Invoice Interest Fee

The Client agrees that the Provider may charge an interest fee of 1.5% of any invoiced amount due, per month for past due accounts and that Client is liable for attorneys’ fees and reasonable collection costs arising from the Provider´s efforts to collect on past due amounts.

The Service is based on a “Credits” or Link Crawl Budget system. This means that each function of LinkResearchTools is provided for a certain service volume for a certain service period. If the service period ends or renews, no Credits or Link Crawl Budget is being taken over to the next service period. Service periods are typically one (1), six (6) or twelve (12) months long, but this agreement is valid for all lengths.

This further means, that if e.g. a product is paid for six (6) or twelve (12) months in advance, all credits will be added to the account at the beginning of the service period and are valid until its end. Unused credits that have expired will not be refunded or extended.

If more credits are required than the product purchased by the Client contains, the Client can either upgrade to the next higher product or purchase additional credits if available for the required tool. These products are listed as “add-ons”, i.e. these products can only be purchased if an active subscription exists. The Provider will not offer credits for single products (stand-alone products). If the Client upgrades to a higher product, the current product will be automatically canceled and run out at the end of the current billing cycle; the new, higher product’s billing cycle will begin at the time of the upgrade. This means that the billing cycle of each product lasts exactly one (1), six (6) or twelve (12) months and cannot be shortened due to an upgrade.

12. Access and retention of reports

Access to all data will be locked if a subscription expires. If the Client needs access to the reports after the subscription has expired, a new subscription must be set up. The Provider offers to keep the data for seven (7) days after the expiration of the subscription. If the Client needs the report(s), a new subscription must be purchased. Within those seven (7) days, the Client is not able to access the reports due to the access lock policy for expired accounts.

Should the Client require data of then deleted reports, this is subject to a separate service fee for backup recovery of the data by LRT if possible and feasible at the sole discretion of LRT.

To prevent automatic deletion of data, the Client can purchase a data retention service to keep the data intact for a specific time. However, this data retention service does not include or entitle to downloads or use of the data without an active subscription.

For all existing and active subscriptions, the access to the data remains unaffected, except for “Quick reports”, which are deleted seven (7) days after creation.

13. Access to Google Webmaster Tools Account

The Client has the option of connecting Client’s Google Search Console (GSC) or Google Analytics (GA) account to the Service. If the Client chooses to make use of this feature, then the Client allows the Provider to have access to Client’s Google account and process the data that is contained in the Client’s Google account within the framework of the service. The Provider will only read and not make any changes to the Client’s Google account under any circumstances.

14. Modification to Service

The Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Client agrees that the Provider shall not be liable to Client or to any third party for any modification, suspension, or discontinuance of the Service.

15. Liability Exclusion

The Provider is not responsible for any interpretations made by the Client, which are based on the results of LinkResearchTools services or tools results. The Provider may function as an advisory, but it’s the Client’s sole responsibility to analyze and interpret the results from the LinkResearchTools and/or the Link Detox tools. The Client has the sole responsibility especially for all data used in combination with the Google Link Disavow Tool or the Bing Link Disavow Tool. Furthermore, the Provider cannot be held liable in court for any results of the tools. Any kind of misinformation or malfunctions should immediately be reported to the Provider.

16. Reliance on Content, Advice, etc.

Any advice that may be posted on the Website is for informational and entertainment purposes only. It is not intended to replace or substitute for any professional, financial, legal, or other advice. If the Client has specific concerns or a situation arises in which the Client require professional advice, the Client should consult with an appropriately trained and qualified specialist. The Provider does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will the Provider or its affiliates be responsible for any loss or damage resulting from the Client reliance on information or other content posted on the Website or transmitted to, or by any other Clients.

17. Disclaimer of Warranties

The Service is provided “AS-IS” and on an “AS-AVAILABLE” basis. The Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Provider cannot guarantee and does not promise any specific results from the use of the Service. The Client agrees that Client must evaluate, and bear all risks associated with the use of the Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, the Client acknowledges that Client may not rely on any content created by the Service or the Provider. Use of the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. The Provider cannot and does not guarantee compatibility with other systems and hardware.

18. Labeling

The Provider is entitled to refer to the Client on every advertisement material or advertisement effort without any claim of compensation by the Client. Under reservation of the Client’s possible disconfirmation in written form, the Provider is entitled to point out the existing business relationship with the Client on the Provider’s very own advertising mediums and especially on its internet website with name and company logo of the Client.

19. Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will the Provider be liable to the Client or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.

20. Disclaimers and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to the Client.

21. Indemnity by the Client

The Client agrees to indemnify and hold the Providers and other partners and employees, harmless from any loss, liability, claim, or demand.

22. No Third-Party Beneficiaries

The Client agrees that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

23. Applicable Law, Place of Execution and Place of Jurisdiction

The Sole jurisdiction is Vienna, Austria. Solely Austrian rights, except for international reference norms, shall be applied to the legal relationship between the Client and the Provider. The regulations of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. A local and factual responsible Austrian court for the place of business of the Provider will be the agreed upon place of jurisdiction for all resulting conflicts between the Provider and the Client.

24. Severability Clause

If any term or other provision of this agreement is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions, and provisions of this agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the extent possible.

25. DTOXTUNE®

25.1 Rights in the algorithm and in the resulting settings/configurations

The Provider grants the Client the non-exclusive right to adjust the Link Detox Genesis® algorithm according to the needs and opinions of the Client with the program settings provided by DTOXTUNE Tool.

25.2 Non-Commitment

The reports and results, derived from the Client’s new settings and configurations of the algorithm under DTOXTUNE, do not represent the Provider’s estimations and opinions. They are fictitious, noncommittal estimations of backlinks portfolios, based on the settings and configurations chosen freely or even arbitrarily by the Client of DTOXTUNE.

The Provider does not assume any liability whatsoever for the relevance, accuracy or completeness of the reports and the information and materials included therein.

The Provider grants the Client the right to use the Link Simulator (LORT) for personal use and purposes only.

The LORT Tool helps the Client to simulate in a short time the potential risk of a new link before Client builds it, and it can be used only for a limited number of URLs. For a detailed analysis of a bigger number of links, the Client should use the DTOX tool in the Link Opportunity Audit mode.

The Client is advised to start a DTOX report to evaluate the DTOXRISK® of Client existing backlinks, as a first step, and then use the LORT Tool for an accurate evaluation of potential links about Client existing links.

The LORT Tool is not an alternative to the Link Detox tool but only a quick way to achieve quick link evaluation results for only a handful of links.

The Provider does not assume any liability whatsoever for inaccurate and/or incomplete results.

Search Engine Optimization (SEO) is not an exact science, and the Provider can therefore only give the Client opinions and recommendations and does not assume any liability for the conclusions the Client draw from said opinions and recommendations. The evaluation of links, done by the Provider, is not a verdict on the content of the sites, but a specific and subjective estimation of their potential influence on search engine rankings.

27. LinkResearchTools Certification Program

The Client has the possibility to enter into one of the offered LinkResearchTools Certification Programs – LRT Associate, LRT Certified Professional, LRT Xpert, and LRT Certified Agency.

The participation in any one of the programs is subject to the acceptance by LRT and the fulfillment of requirements deemed necessary by LRT.

Participation in each of the program is per individual and subject to prior payment as published by LRT.

Any Client who has a specific contract for “unlimited visits” to any LRT event understands that the Client can enter any workshop desired multiple times and can bring up to a maximum of three (3) persons to each event.

28. Company Contact Details and Registration (“Imprint”)

The full company registration details (“imprint”) are listed at

https://smart.linkresearchtools.com/legal/imprint

29. Privacy Policies

The privacy policy can be found at https://smart.linkresearchtools.com/legal/privacy

The terms and conditions and privacy policy for the Browser Extensions can be found at https://smart.linkresearchtools.com/legal/browser

30. Disclaimer

By using LRT websites and services Client agrees to the following terms and conditions:

The evaluations, results, views, and analysis expressed by LinkResearchTools GmbH on the websites LinkDetox.com, LinkResearchTools.com, LinkResearchTools.de, ChristophCemper.com, Cemper.com, and Cemper.at are personal opinions of several internal and external SEO experts.

LRT® does not pretend to have access to Google‘s algorithms and evaluation methods as they are not published and not accessible to any third party. LRT use material published by Google but draw our personal conclusions from our long experience in Search Engine Optimization, feedback from Clients, observations from thousands of reports created and ongoing testing and configuration of LRT systems according to our best effort and knowledge.

The algorithms Link Detox Genesis® and the Link Detox Risk (DTOXRISK® and Domain DTOXRISK are based on LRT research, experiences and personal estimations. The algorithms and the reports created by the programs Link Detox® and LinkResearchTools® do not reflect the official policy or position of Google or other Search Engine operators.

The automated reports created by Link Detox and LinkResearchTools are therefore also derived from personal opinions and conclusions based on experience, monitoring of the link graph derived from various link data sources, SEO metrics providers and thousands of users giving LRT their personal opinion about the quality of links and deductions LRT make from the correlation of those signals.

The labels given to links and websites, such as “High DTOXRISK” are merely instructive and introduced for the sake of usability of the program and not to be taken literally.

SEO is not an exact science and LRT can therefore only provide the Client with opinions and recommendations. LRT asks the Client to critically review and double check the automated results, using Client personal experience and direct viewing of the nature and content of websites that are shown as potentially harmful for the Client backlink profile and website. The links evaluated by the program as harmful do not always affect the Client´s search engine ranking.

LRT evaluation of links is not a verdict on the content of the sites, but a specific and subjective estimation of their potential influence on search engine ranking.

If a website is evaluated using the domain-wide Link Detox Risk™ (Domain DTOXRISK), then no content of that website is evaluated. The result represents an estimation of the probability that, that website could experience a loss in traffic due to penalization because of a violation of official or unofficial Google guidelines.

If the average Link Detox Risk (Domain DTOXRISK) for a domain is very high, that does not mean that links being placed on that website to Client´s website also pose a risk for the Client.

NOFOLLOW Links:

The impact of NOFOLLOW links on search engine rankings and penalties is discussed controversially. Google published that such links would be completely ignored. We believe that NOFOLLOW links can, under certain circumstances, still be harmful to search engine rankings and result in manual penalties, because Google generally tries to identify spamming intents. LRT regularly hear from Clients that their penalty was only lifted after they investigated and removed large quantities of NOFOLLOW links. From this LRT conclude that Google in certain cases tries to identify intents of spamming even if NOFOLLOW links are used.

LRT therefore explicitly give the Client two possibilities to run our software:

  1. Ignoring NOFOLLOW links - which will mean assigning a zero DTOXRISK score to all links in the LRT software.
  2. Activating the NOFOLLOW evaluation - which will result in the calculation of DTOXRISK score for NOFOLLOW links – albeit with a different risk scoring in the algorithms of Link Detox than for FOLLOW links.

The results of Method 2 (“Evaluate NOFOLLOW”) are alternative evaluations of DTOXRISK for all links including NOFOLLOW links, based on the assumption that NOFOLLOW links should be evaluated as well, although with a different calculation of risk scores.