**Updated: 6-12-24**
Welcome to HRNSUP (“we,” “us,” “our”). These Terms of Service (the “Terms”) govern your access to and use of our website [hrnsup.com] (the “Site”) and our related services, including link shortening, bio link creation, and QR code generation (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree with these Terms, please do not use our Services.
### 1. Acceptance of Terms
1.1 **Agreement:** By creating an account or using our Services, you signify that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
1.2 **Additional Policies:** Your use of the Services is also governed by our Privacy Policy and Acceptable Use Policy. These documents, along with these Terms, form a binding legal agreement between you and HRNSUP.
### 2. Account Registration and Management
2.1 **Creating an Account:** To access certain features of our Services, you must create an account. You agree to provide accurate, complete, and current information during the registration process and to update such information to keep it accurate and complete.
2.2 **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 notify us immediately of any unauthorized use of your account.
2.3 **Account Termination:** We reserve the right to suspend or terminate your account if you violate these Terms or engage in activities harmful to our Services or other users. You may delete your account at any time by contacting us through our support channels. Upon account deletion, all associated data will be removed from our systems, subject to any legal retention requirements.
### 3. Privacy and Data Protection
3.1 **Privacy Commitment:** We are dedicated to protecting your privacy. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you agree to our Privacy Policy.
3.2 **Data Retention and Deletion:** We retain your data only as long as necessary to provide our Services and comply with legal obligations. You may request the deletion of your personal data by contacting us. Deleted accounts and associated data are removed from our systems, subject to any legal retention requirements.
### 4. Tracking and Analytics
4.1 **Tracking Capabilities:** Our Services allow you to track interactions with the links you create. This includes data such as the number of clicks, geographic locations, and referral sources. We retain this tracking data for a period of 90 days.
4.2 **Data Access:** You are welcome to download your tracking data at any time. It is your responsibility to periodically download this data, as it will be deleted after 90 days.
4.3 **Data Usage:** Tracking data is used to provide and improve our Services and is subject to the terms outlined in our Privacy Policy. We do not share this data with third parties except as required by law or as described in our Privacy Policy.
### 5. Use of Services
5.1 **Permitted Use:** Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Services. You agree not to use the Services for any unlawful or prohibited purpose.
5.2 **Prohibited Content:** You agree not to use the Services to transmit or disseminate any content that is illegal, harmful, abusive, or otherwise in violation of our Acceptable Use Policy.
### 6. Fees and Payments
6.1 **Free Service:** Our Services are currently provided free of charge as part of our beta program. We reserve the right to introduce fees or charges in the future and will notify you in advance if any such changes occur.
6.2 **Payment:** As the Services are currently free, no payments are required at this time. Future fees will be communicated clearly, and applicable charges will be outlined in a revised version of these Terms.
### 7. Term and Termination
7.1 **Term:** These Terms are effective as of the date you accept them and will remain in effect until terminated by either party.
7.2 **Termination:** You may terminate your account at any time by contacting us. We may terminate your account if you violate these Terms or if we discontinue the Services. Upon termination, you will cease using the Services and return or destroy any confidential information.
### 8. Intellectual Property
8.1 **Ownership:** All intellectual property rights in the Services and Site, including but not limited to trademarks, logos, and software, are owned by HRNSUP or its licensors. You may not use any of our intellectual property without our prior written consent.
### 9. Further Warranties
9.1 **Representations and Warranties:** You represent and warrant that (i) you have implemented or contractually required industry-standard security measures to protect the security and integrity of, and prevent unauthorized access to, the Services, your content, and your services; (ii) you will not subject the Services to any open source or similar license that creates an obligation to grant any rights in the Services; (iii) you will not disrupt, disable, erase, alter, harm, damage, interfere with, or otherwise impair the Services; (iv) in the event of a security breach or unauthorized access to any Services, your content, or your services, you will immediately investigate and notify us in writing and, unless otherwise instructed by us, take all corrective action necessary to remedy such breach and comply with applicable law and our requirements, all at your cost; and (v) your use of the Services will comply with all laws and not violate or infringe upon any third-party intellectual property, privacy, or publicity rights.
9.2 **Disclaimers:** The Services are provided “as is” and “as available” without any warranties of any kind, express or implied, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. We do not warrant that (i) the Services will be secure or available at any particular time or location; (ii) any shortened URLs or Services will be accurate, error-free, or that any defects will be corrected; (iii) the Services are free of viruses or other harmful components; (iv) the results of using the Services will meet your requirements or any business needs; or (v) the Services will be uninterrupted or that any interruption will be corrected in a timely manner. Your use of the Services is solely at your own risk. We make no representations or warranties and assume no liability for ensuring that your use of the Services complies with laws or regulations outside your jurisdiction. We shall not be responsible for third-party products or services.
### 10. Indemnification
10.1 **Indemnity:** You agree to defend, indemnify, and hold harmless HRNSUP, its affiliates, and their employees, officers, directors, representatives, contractors, customers, business partners, successors, and assigns (the “Indemnitees”) from and against any third-party claims, actions, and resulting damages, liabilities, and costs (including reasonable attorneys’ fees) arising out of or related to (a) your content and services; (b) your breach of these Terms or any violation of laws; and/or (c) any allegation of intellectual property, privacy, or publicity infringement concerning your content, services, or the combination of our Services with any product, service, or other material not provided by us. We will promptly notify you of any claim for which we seek indemnification; however, a delay in providing notification will not vitiate your indemnification obligations unless you are materially prejudiced. You will have sole control over the defense of any claim, but we may approve any counsel used and participate in the defense at our own expense. All settlements of indemnification claims require our prior consent.
### 11. Limitation of Liability
11.1 **Liability Limitation:** In no event shall either party be liable for any claim related to the Services or otherwise under contract, tort, strict liability, negligence, or any other legal theory for (i) any lost profits, data loss, cost of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages; (ii) any bugs, viruses, or similar issues; (iii) any permanent or temporary cessation in the provision of the Services; (iv) deletion, corruption, or failure to store any of your content; (v) your failure to provide accurate information; (vi) any liability resulting from your failure to keep your password or account details secure; or (vii) failure to access the Services due to equipment, infrastructure, system, or network malfunctions.
11.2 **Aggregate Liability:** Except for your obligations under Section 10, each party’s total aggregate liability arising out of or in connection with these Terms may not exceed the amount equal to the aggregate fees received by us for the Services in the twelve (12) months preceding the claim.
### 12. Governing Law, Venue & Disputes
12.1 **For US and Non-EU Customers:**
12.1.1 **Governing Law:** These Terms and transactions are governed by the Federal Arbitration Act and the laws of the State of New York, excluding conflicts of law provisions and the United Nations Convention on Contracts for the International Sale of Goods. Disputes not subject to arbitration will be resolved in the state and federal courts located in Manhattan, New York.
12.1.2 **Limitation for Bringing Claims:** Any claim related to the Services or these Terms
must be filed within one (1) year after the claim arose or be forever barred.
12.1.3 **Arbitration and Class Action Waiver:** Disputes arising from these Terms or Services will be resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce. Arbitration will be conducted in Manhattan, New York, or at your option, in the metropolitan statistical area where you reside. We each waive the right to class action or consolidated proceedings.
12.2 **For EU Customers:**
12.2.1 **Governing Law:** These Terms and transactions are governed by German law, excluding conflict of laws provisions and the CISG.
12.2.2 **Jurisdiction:** Disputes will be resolved exclusively in the German courts in Berlin, and you waive any objections to jurisdiction or venue.
12.2.3 **Mandatory Arbitration:** Disputes will be resolved solely by individual arbitration under the Rules of Arbitration of the International Chamber of Commerce. The venue will be Berlin, Germany.
12.2.4 **Online Dispute Resolution:** The European Commission provides an online dispute resolution platform at [ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr/). We are not obliged and will not participate in alternative dispute resolution procedures before a consumer dispute resolution entity.
### 13. Miscellaneous
13.1 **Relationship of the Parties:** The parties are independent contractors. Nothing in these Terms creates an employer-employee, agent, or joint venture relationship.
13.2 **Entire Agreement and Severability:** These Terms constitute the entire agreement and supersede all prior agreements. If any provision is found to be invalid, the remaining provisions will continue in full force.
13.3 **Force Majeure:** Neither party is liable for delays or failures due to causes beyond their reasonable control, including acts of God, terrorism, war, and other external factors.
13.4 **Assignment:** You may not assign these Terms without our prior written consent, except to an affiliate or in the event of a merger or acquisition. These Terms bind permitted successors and assigns.
13.5 **Notices:** Notices under these Terms should be in writing and deemed given when received, if delivered personally; when sent by email; or the day after being sent by recognized overnight delivery service.
13.6 **Headings and Interpretation:** Headings are for convenience only. Terms like “including” are followed by “without limitation.”
13.7 **Export Compliance:** Both parties must comply with applicable export laws and regulations and not export or re-export the Services without required licenses.
13.8 **US Government Use:** The Services are commercial items as defined in 48 C.F.R. 2.101. Any government use must comply with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If a U.S. state or local government entity uses the Services, certain indemnity, jurisdiction, and venue clauses may not apply as required by law.
13.9 **General:** Failure to enforce any right does not constitute a waiver. Waivers must be in writing. If any provision is invalid, the remainder will still apply.
13.10 **Publicity:** You grant us the right to use your name, trademarks, and logos for marketing and publicity purposes, identifying you as a customer.