Terms & Conditions

Terms last updated: 1 March 2024

Freshlink is a content sharing platform that enables creators to connect their audiences with their most recent and relevant content. One of our core values is to pursue deliberate simplicity — so we’ve tried to distill our terms and conditions into their simplest, most accessible form here.

1. Welcome to Freshlink!

It’s great to have you here. These Terms, along with the linked policies, govern your use of our services – the website (https://freshl.ink/), apps, and related software or features (collectively referred to as the “Platform” or “Freshlink”).

When we use terms like “we,” “our,” or “us” in these Terms, we’re talking about Freshlink and our group companies. By using Freshlink, you’re agreeing to these Terms & Conditions (“Terms”) as well as the additional policies linked here and on the Platform. Please take the time to read these Terms carefully, and feel free to get in touch if you have any questions. If you don’t agree with these Terms, please don’t use Freshlink.

2. Changes to these Terms

Freshlink is constantly evolving and improving. From time to time we may make changes to the Platform or these Terms. We may need to change these Terms from time-to-time to reflect business updates, changes to the Platform (including if we decide to discontinue any functionality, features or part of the Platform), legal or commercial reasons, or otherwise to protect our legitimate interests. We can make these changes at any time and it’s your responsibility to check these Terms now and then for any changes.

However, if a change will have a material negative effect on you, we’ll use our best efforts to notify you at least 1 month before the change takes effect (e.g. via a notification on the Platform). Your continued use of the Platform after any changes to the Terms is taken as your acceptance of the revised Terms. If you don’t agree with the changes, we ask you to please stop using Freshlink and cancel your account.

3. Your Account

To create an account and become a Freshlink user, you must be at least 18. If you’re creating an account on behalf of someone else, you must have their permission to do so. You’re responsible for your account and ensuring it is only used in a lawfully. When you create an account, you agree to comply with these Terms and that you’re over 18 and legally able to enter these Terms with us. You must provide us with accurate info about yourself — if anything changes, please let us know so we can update your details.

If you’re using Freshlink on behalf of a business or individual, you confirm that you’re authorized by them to agree to these Terms on their behalf. You’re responsible for anything that happens to your account, so keep your login details and password safe and don’t share them with anyone.

If you think your account has been compromised, please contact us immediately. You must not assign or transfer your account to someone else or use your account (or allow it to be used by anyone) in a way which in our reasonable opinion, causes damage to Freshlink or our reputation, or infringes another’s rights or applicable laws and regulations.

4. Your Username

When you create a Freshlink, you’ll need to choose a suitable username that respects everyone’s rights. We understand your username holds significance, but it must also be appropriate for all users and avoid infringing on anyone’s rights, including intellectual property (IP) rights like copyright and trademarks. You can’t use someone else’s name, like a celebrity or brand, or pick a username that’s offensive, vulgar, or unrelated just to profit from it later (referred to as “Domain Squatting”).

If any issues arise with your username, we’ll assess the situation fairly and may ask you to change it (it might be reassigned too). If you decline, we may suspend or terminate your account. If someone claims your username violates their IP rights, they must file an Intellectual Property report, and you’ll have the chance to respond with a Counter Notice. If you haven’t logged in, added new links, or seen traffic in your account for the past 6 months, we might reclaim or reassign your username (but we’ll always contact you first).

5. Managing Your Plan

You can sign up to Freshlink on a free or paid plan and cancel at any time. Your plan will start when you accept these Terms and continue until you cancel it. If you cancel a paid plan it will ordinarily continue until the end of your current billing cycle and then automatically convert to a free plan. To cancel, visit the billing page (https://freshl.ink/admin/billing). To the extent permitted by applicable law, payments are non-refundable. But we know that sometimes your requirements may change. So, if you’ve selected a paid plan, but cancel within 72 hours, we may make an exception (please email us at support@freshl.ink). 

If you downloaded our app and purchased your plan using your Apple ID or Google Play Store account, you’ll need to cancel by following the instructions provided by Apple or Google. Please note that Freshlink is unable to process refunds in these circumstances. You can request a refund from Apple on the Apple Support webpage or Google by following these instructions. If you have canceled your plan and would like to permanently delete your account, you can do so on your ‘My Account’ page. Remember, if you delete your account, you won’t be able to reactivate it or retrieve any of the content or info you have added to your profile.

6. Your Content

We love the variety of content that our users post on Freshlink! When we talk about your “content”, we mean the text, graphics, videos, links, and any other materials you add to your Freshlink profile. You’re responsible for your content and you warrant that:

• The content you post is yours, or if you’re using third-party materials, you have the necessary rights to share them on Freshlink (and allow us to use them as per these Terms)
• Your content will not infringe on anyone’s privacy, publicity, intellectual property, or any other rights.
• Your content is accurate and honest: it shouldn’t be misleading, deceptive, or violate any laws, and it shouldn’t harm our reputation.
• Your content is free from harmful elements like viruses or disruptive code that could damage the Platform or other systems
• Your content doesn’t contain automated collection tools: don’t use scripts or scraping tools to gather information from profiles or the Platform.
• You will refrain from posting unauthorized ads, solicitations, or endorsements on Freshlink.
• Your content aligns with our Community Standards.

Since laws and regulations can differ across the countries we operate in, we might ban content that is considered legal in some regions but not others. We reserve the right to take appropriate steps to keep Freshlink safe, including content removal or access restriction.

7. What we can do with Your Content

We love your content and want to show it off. When you post content on your Freshlink profile, you grant us a licence to (i) use, publicly display, distribute, modify, adapt and create derivative works of such content; and (ii) use your name, image, voice, photograph, likeness and any other personal attributes in the content; on the Platform and in our marketing in all media (such as our social channels and any other advertising). This license is worldwide, royalty-free and perpetual, which means we can use your content anywhere in the world, without paying you fees, for as long as we like. You agree that you have all third party rights necessary to post the content on Freshlink and to grant us this license.

You’ll retain all of your rights in your content. Keep in mind that your content will be publicly accessible, and may be used and re-shared by others on Freshlink and across the internet.

Please don’t share personal info on Freshlink that you don’t want visible to the world. Never post social security numbers, passport details or similar info that could cause harm in the wrong hands. You may only post another person’s personal information where you have their consent and have kept a record of it. We don’t have to monitor the accuracy, reliability or legality of your content, but we may choose to do so.

We may modify, remove or restrict access to content at any time in line with these Terms or apply a sensitive content warning to content that we deem unsuitable for all audiences.

8. Suspension or cancellation of your Account

If you don’t follow these Terms, we might need to suspend or cancel your account, or take other action regarding your account or adjust how the Platform works for you. For example, if you miss paying your fees on time, we could switch your paid plan to a free one with fewer features.

The steps we take will depend on the nature of the non-compliance. In some cases, we might not resort to suspending or canceling your account. However, if there’s a repeated or significant non-compliance, we’re more likely to consider those measures. In the event that we do suspend or cancel your account, we usually aim to notify you beforehand, although we’re not obligated to do so.

Please be aware that you won’t receive a refund for any fees paid in advance.

If you believe your account was mistakenly canceled or if you encounter issues with these Terms or the Platform, please get in touch with us at support@freshl.ink. We’re committed to making good-faith efforts to resolve the matter, and neither party will initiate legal action concerning the issue until we’ve spent at least one month working together to find a resolution. 

9. Your responsibility for your visitors and customers

You are responsible for your profile visitors, which includes customers who purchase goods or services through your Freshlink – collectively known as “End Users.” You bear the sole responsibility for (i) how End Users engage with your profile and content, and (ii) ensuring compliance with all applicable laws concerning your End Users and transactions conducted between you and End Users via your Freshlink (e.g., through our “Commerce” or “Payment lock” features).

Moreover, you acknowledge that any donations received through our “Support Me” feature are given voluntarily, without expectation of any goods or services in return. This feature should be utilized exclusively for personal donation collection, not for fundraising on behalf of charities or other causes. 

10. Feedback

We love hearing your ideas on how we can make Freshlink even better! Sometimes, we may make “beta” functionality available to you and seek your feedback. Keep in mind that if you share feedback with us, we’re free to use it however we like, without payment to you (or to not use it at all). We may from time to time make certain functionality of the Platform available to you in “beta” (or similar).

You acknowledge that we are still evaluating and testing such beta functionality and it may not be as reliable as other parts of the Platform.

11. Our Platform

We, as the owners of the Platform, grant you a limited right to use it for sharing content and interacting with other users’ content. However, please note that we are not responsible for any content, products, or services made available through other users’ profiles. All rights, including Intellectual Property (IP) Rights, related to the Platform (excluding your content) (referred to as “Freshlink IP”), are exclusively owned by Freshlink or our licensors. You do not acquire any rights in the Freshlink IP, and you are not allowed to use it, including our brand name or logo, for any purpose without our prior written approval, such as implying a partnership or endorsement from Freshlink.

As a user, we grant you a limited, revocable, non-exclusive, and non-transferable right to use the Platform for creating, displaying, using, playing, and uploading content in accordance with these Terms.

If we provide you with images, icons, themes, fonts, videos, graphics, or other content, please only use them on your profile and in line with any guidelines we make available to you. Please don’t remove, hide, or alter any proprietary notices or trademarks on the Platform. Copying, reproducing, distributing, licensing, selling, reselling, modifying, translating, disassembling, decompiling, decrypting, reverse-engineering, or attempting to derive the source code of the Platform or any part of it is strictly prohibited.

When you visit Freshlink profiles as a “profile visitor,” we grant you a limited, non-exclusive, and non-transferable right to view and interact with the Platform through user profiles. To the extent allowed by law, we are not responsible for any opinions, advice, statements, products, services, offers, or other content posted by other users on their profiles.

12. Fees and Payment

• Subscription Fees:

If you’ve chosen a paid plan, make sure to pay subscription fees on time. These fees are usually in USD and include transactional taxes like GST/VAT, unless otherwise specified. Subscription fees are billed in advance on a recurring basis, depending on whether you’ve selected a monthly or annual billing cycle. At the end of each billing cycle, your paid plan will automatically renew under the updated Terms, unless you decide to cancel. When you sign up, provide accurate billing details and a valid payment method (like a credit card). This authorization allows us to charge the applicable fees. In case of automatic billing failure, you’ll receive an online invoice that needs to be settled within the specified timeframe.

• Freshlink Transaction Fees:

For transactions made through your profile, using features like “Request Link” or “Support Me,” there might be a percentage-based transaction fee applied. These fees vary based on your chosen plan and are outlined on our pricing page. If transaction fees apply, they will be deducted from the transaction amount before it’s credited to you. Keep in mind that you’re responsible for any external fees, taxes (including withholding taxes), and income taxes linked to payments received through the Platform.

• Processing Fees:

Transactions on Freshlink are facilitated by external payment processing services like PayPal, Stripe, and Square, which entail a processing fee. Each payment processor has its own set of fees, terms, and conditions that you should review, accept, and adhere to. The processing fees are deducted from the transaction proceeds prior to your receipt. It’s important to note that Freshlink is not accountable for these specific fees.

• Changes in Fees and Advance Notice:

We may periodically adjust subscription or transaction fees. If any changes are made, we will provide prior notice, typically at least one month in advance. If you’re not in agreement with the updated fees, you have the option to cancel your plan before the next billing cycle begins.

13. Privacy

At Freshlink, safeguarding your privacy and that of your Profile Visitors is our priority. Our Privacy Notice outlines how we handle your personal data for our internal purposes.

All data, including any intellectual property rights associated with it, that either we or the Platform generate from your use (or the use of profile visitors or other users) of the Platform or content (“Data”) will be owned by Freshlink. As part of the service offered on the Platform, we might provide you with Data or visual representations of it, which we refer to as “Data Analytics.” While we make no warranties about the accuracy or completeness of the Data Analytics, we do our very best to ensure they are as accurate and complete as possible. 

14. Confidentiality

From time to time, we may share information with you that is confidential (e.g. we may reveal new and upcoming features to you if you take part in beta testing with us). If we share any confidential info with you, about Freshlink or the Platform, you must keep it secret and secure. You must also use reasonable measures to prevent others from accessing it.

15. Liability

We want to clarify that we are not responsible for how you use the Platform, and it’s crucial that you maintain backups of your own content. We are not liable for any damages resulting from actions such as downloading, installing, or utilizing the Platform, or even copying, distributing, or downloading content from it. It’s on you to ensure your data, content, and devices are adequately protected and backed up while using the Platform.

You agree to protect us from any losses that arise if you breach these Terms or if a third party raises a claim against us related to your content. Neither of us will be liable for indirect, punitive, special, incidental, or consequential damages. These might include losses in business, revenue, profits, privacy, data, goodwill, or other economic benefits. This applies whether the issue stems from a contract breach, negligence, or any other cause—even if we were aware of the potential for such damages.

Our liability to you under these Terms or related to the Platform will not go beyond the greater of the fees you paid us in the 12 month period before the liability emerged, or $100.

16. Disclaimers

We want to make a few important disclaimers within these terms. When you use Freshlink and explore any content on the Platform, you’re doing so at your own risk. The Platform is provided to you “AS IS” and “AS AVAILABLE”, without any warranties of any kind, whether they’re express or implied, including (but not limited to), up-time or availability, or any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Freshlink, its affiliates and its licensors do not make any express or implied warranties or representations, including that:

• the Platform will function uninterrupted, securely or be available at any time or place;
• any errors or defects will be corrected;
• the Platform is free of viruses or other harmful components;
• the Platform is effective or the results of using the Platform will meet your needs; or
• any content on the Platform (including any user content) is complete, accurate, reliable, suitable or available for any purpose.

These Terms apply to the maximum extent permitted by law and nothing in them is intended to exclude, restrict or modify legal rights that you may have, which cannot be excluded, restricted or modified by contract. If these Terms are governed by the Australian Consumer Law, our liability to you for not complying with a consumer guarantee is limited to re-supply of the services or payment.

17. Third Party Services

Freshlink collaborates with various third-party products and services. We may provide access to specific third-party features or services within the Platform, such as a payment portal or an online store. Unless explicitly stated otherwise, we do not endorse or make any warranties about any third-party products or services, nor do we offer refunds for payments made to third parties. Your use of any third-party product or service may be subject to separate terms and conditions, which you are responsible for reviewing, accepting, and complying with. Failure to accept or adhere to these third-party terms may result in the suspension, cancellation, or limitation of your account or access to these services on our Platform.

If we are required to display specific third-party terms on our website, you can find them at the bottom of this page. Additionally, our Privacy Notice includes a list of our subprocessors.

18. App Terms

To use our app, you’ll need to download and install the software onto your mobile or tablet device. We may automatically update this software, and these Terms will apply to any updates. The following terms pertain specifically to the download and use of our app:

• You’re granted a limited, revocable, non-exclusive, non-transferable right to download and install the app on a single device that you own or control.
• Please refrain from distributing or making the app available over a network where multiple devices can access it simultaneously.
• If either you or we cancel your account, please ensure you delete the app from your device.

Where you download the app from the Apple or Google Play stores (“App Stores”) you also agree that:

• these Terms are made between you and Freshlink (and not the App Store). However, if any of these Terms is inconsistent with the App Store terms, the applicable App Store term applies;
• we are solely responsible for the app and its content, any maintenance and support services, product warranties (if we haven’t disclaimed them), product claims and third party claims that the app or your use or possession of it, infringes another’s IP Rights. If you have a complaint about the app, or become aware of any third party claim, please email us at support@freshl.ink (and not the App Store);
• you’re not on a US government restricted parties’ list and you don’t live in a country which is subject to a US government embargo or designated as “terrorist supporting country”; and
• the App Store and its subsidiaries are third party beneficiaries of these Terms, and will have the right to enforce these Terms against you as such a beneficiary

19. Open Source

The app includes open source software components, and some of these components are subject to their own specific license terms. You can find these terms in our Open-Source Content library, which is accessible in the ‘Legal’ section of the app. If the license terms of a particular open source component don’t align with our terms outlined here, then these Terms won’t cover that component. Instead, the relevant license terms will govern your rights and responsibilities for that specific component.

20. A few last things

Before you can start using Freshlink, there are a few last important points we’d like to address:

• Depending on your specific location, certain laws may apply to either you or us. In such cases, if these laws conflict with any portion of these Terms, the laws will prevail to the extent of the inconsistency.
• These Terms, including the Privacy Notice and any linked policies, constitute the full agreement between you and us regarding the Platform. We won’t add any other terms, except when the law mandates it. We explicitly exclude all implied terms, except those required by statute that cannot be waived. If any part of these Terms is deemed invalid under a country’s laws, it will be removed from the Terms in that country, but the rest of the Terms will remain in effect.
• These Terms are subject to the laws of Victoria and the Commonwealth of Australia. Both you and we agree to the exclusive jurisdiction of the courts in those areas. Our decision not to insist on or enforce any part of these Terms won’t be seen as a waiver of any provision or right. These Terms, as well as the Platform, do not establish an agent/principal relationship between you and us.
• When you use Freshlink’s Music Link or Video Link features to showcase YouTube videos on your Freshlink, you are acknowledging your agreement to adhere to YouTube’s Terms of Service.

Any questions or comments? Please reach out to support@freshl.ink.