Last Updated—Effective Date: April 16, 2024
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between
you (“End User”, “you”, “your”) and Linkroom LLC (the “Company”, “our”, “us”, “we”). This Agreement
governs your use of the Linkroom web application, located at linkroom.com (the “Website”) on
Linkroom’s mobile application and platform (including all related documentation, the “Mobile
Application”). The Mobile Application is licensed, not sold, to you.
This Agreement and your use of the Mobile Application is subject at all times to our Terms of
Use, available at https://linkroom.com/terms-of-use (“Terms of Use”), including our Privacy Policy
available at https://linkroom.com/privacy-policy Capitalized terms used but not defined in this Mobile
Application End User License Agreement shall have the meanings ascribed to them in our Terms of Use.
THIS AGREEMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES,
RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTIONS 27 (LIMITATION ON LIABILITY), 32 (ARBITRATION
AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY), AND 33 (LIMITATION ON TIME TO FILE
CLAIMS) OF THE TERMS OF USE.
BY CLICKING THE “AGREE” BUTTON TO THE TERMS OF USE OR BY DOWNLOADING,
INSTALLING OR USING THE MOBILE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY
BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR
USE THE MOBILE APPLICATION.
If you are accessing or using the Mobile Application on behalf of an entity or organization: (i)
your use of the Mobile Application binds you and such entity or organization to the Terms of Use, (ii) the
terms “you” and “your,” as used in this Agreement, our Terms of Use, including without limitation our
Privacy Policy, and any other document referenced in this Agreement or the Terms of Use, shall be
deemed to mean both you, in your individual capacity, and the entity or organization on whose behalf
you are accessing or using the Mobile Application, and (iii) you represent and warrant that you are
authorized by such entity or organization to access and use the Mobile Application on behalf of such
entity or organization.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-
exclusive, non-transferable, and personal license to:
(a) download, install, and use the Mobile Application for your individual use on a single mobile
device, smartphone, smart tablet, or similar device owned or otherwise controlled by you (“Mobile
Device”) strictly in accordance with the Mobile Application’s documentation, this Agreement and the
Terms of Use.; and
(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined
in Section 5 ) made available in or otherwise accessible through the Mobile Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set
forth in Section 5 .
2. License Restrictions. You shall not:
(a) copy the Mobile Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or
not patentable, of the Mobile Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain
access to the source code of the Mobile Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other
intellectual property or proprietary rights notices from the Mobile Application, including any copy
thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make
available the Mobile Application, or any features or functionality of the Mobile Application, to any third
party for any reason, including by making the Mobile Application available on a network where it is
capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy
protection, rights management, or security features in or protecting the Mobile Application; or
(g) use the Mobile Application in, or in association with, the design, construction, maintenance, or
operation of any hazardous environments or systems, including any power generation systems; aircraft
navigation or communication systems, air traffic control systems, or any other transport management
systems; safety-critical applications, including medical or life-support systems, vehicle operation
applications or any police, fire, or other safety response systems; and military or aerospace applications,
weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Mobile Application is provided under
license, and not sold, to you. You do not acquire any ownership interest in the Mobile Application under
this Agreement, or any other rights thereto other than to use the Mobile Application in accordance with
the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.
Company and its licensors and service providers reserve and shall retain their entire right, title, and
interest in and to the Mobile Application, including all copyrights, trademarks, and other intellectual
property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use
the Mobile Application, Company may use automatic means (including, for example, cookies and web
beacons) to collect information about your Mobile Device and about your use of the Mobile Application.
You also may be required to provide certain information about yourself as a condition to downloading,
installing, or using the Mobile Application or certain of its features or functionality, and the Mobile
Application may provide you with opportunities to share information about yourself with others. All
information we collect through or in connection with this Mobile Application is subject to our Privacy
Policy available at https://linkroom.com/privacy-policy. By downloading, installing, using, and providing
information to or through this Mobile Application, you consent to all actions taken by us with respect to
your information in compliance with the Privacy Policy.
5. Content and Services. The Mobile Application may provide you with access to the Website and
products and services accessible thereon, and certain features, functionality, and content accessible on
or through the Mobile Application may be hosted on the Website (collectively, “Content and Services”).
Your access to and use of such Content and Services are governed by the Terms of Use located at
https://linkroom.com/terms-of-use and Privacy Policy located at https://linkroom.com/privacy-policy,
which are incorporated herein by this reference. Your access to and use of such Content and Services
may require you to acknowledge your acceptance of such Terms of Use, Privacy Policy, and /or to
register with our Services, and your failure to do so may restrict you from accessing or using all or
certain of the Mobile Application’s features and functionality. Any violation of such Terms of Use will
also be deemed a violation of this Agreement.
6. Geographic Restrictions. The Content and Services are based in the state of Illinois in the United
States and provided for access and use only by persons located in the United States. You acknowledge
that you may not be able to access all or some of the Content and Services outside of the United States
and that access thereto may not be legal by certain persons or in certain countries. If you access the
Content and Services from outside the United States, you are responsible for compliance with local laws.
7. Updates. Company may from time to time in its sole discretion develop and provide Mobile
Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or
new features (collectively, including related documentation, “Updates”). Updates may also modify or
delete in their entirety certain features and functionality. You agree that Company has no obligation to
provide any Updates or to continue to provide or enable any particular features or functionality. Based
on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Mobile Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Mobile
Application or portions thereof may not properly operate should you fail to do so. You further agree that
all Updates will be deemed part of the Mobile Application and be subject to all terms and conditions of
this Agreement.
8. Third-Party Materials. The Mobile Application may display, include, or make available third-party
content (including data, information, applications, and other products, services, and/or materials) or
provide links to third-party websites or services, including through third-party advertising (“Third-Party
Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials,
including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency,
quality, or any other aspect thereof. Company does not assume and will not have any liability or
responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials
and links thereto are provided solely as a convenience to you, and you access and use them entirely at
your own risk and subject to such third parties’ terms and conditions.
9. Compliance with Laws; Product Not for Resale or Export. End User agrees to comply with all
applicable laws and regulations in connection with its use of the Mobile Application. You represent,
warrant and covenant that you will use the Mobile Application for your own business use only, and that
you will not resell or export the Mobile Application or any associated Content and Services.
10. Term and Termination.
(a) The term of Agreement commences when you download/install the Mobile Application or
acknowledge your acceptance of this Agreement, whichever occurs first, and will continue in effect until
terminated by you or Company as set forth in this Section 10.
(b) You may terminate this Agreement by deleting the Mobile Application and all copies thereof
from your Mobile Device.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the
Mobile Application, which Company may do in its sole discretion or in accordance with the Terms of
Use. In addition, this Agreement will terminate immediately and automatically without any notice if you
violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Mobile Application and delete all copies of the Mobile
Application from your Mobile Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
11. Disclaimer of Warranties. WITHOUT LIMITING SECTION 26 OF THE TERMS OF USE (DISCLAIMER
OF WARRANTIES), THE MOBILE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL
FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND
ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE
APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT
LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND
MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER
SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY
PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS
CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. WITHOUT LIMITING SECTION 27 OF THE TERMS OF USE (LIMITATION OF
LIABILITY), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY
OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE
ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE
CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION,
COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Indemnification. Without limiting your indemnification obligations under the Terms of Use, you
agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents,
affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies,
claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of
whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the
Mobile Application or your breach of this Agreement, including but not limited to the content you
submit or make available through this Mobile Application.
14. US Government Rights. The Mobile Application is commercial computer software, as such term is
defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor
therefor, you receive only those rights with respect to the Mobile Application as are granted to all other
end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with
respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all
other US Government licensees and their contractors.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the
remainder of the provision will be amended to achieve as closely as possible the effect of the original
term and all other provisions of this Agreement will continue in full force and effect.
16. Equitable Remedies. Without limiting Section 34 of the Terms of Use (Equitable Remedies), you
acknowledge and agree that your breach of breach or threatened breach of Section 2 (License
Restrictions), Section 3 (Reservation of Rights), Section 4 (Collection and Use of Your Information), or
Section 9 (Compliance with Laws; Mobile Application Not For Resale or Export) will cause irreparable
harm to the Company for which for which money damages will be inadequate, and that the Company
shall be entitled to equitable or injunctive remedies, without waiving any other remedy available in law
or equity, in the event of such breach or threatened breach.
17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws
of the State of Illinois without giving effect to any choice or conflict of law provision or rule.
18. Incorporation of Certain Provisions. Sections 25 through 38 of the Terms of Use are incorporated
into this Services Agreement by reference, mutatis mutandis.
19. Entire Agreement. This Agreement, our Terms of Use (and any documents or policies referenced or
incorporated therein) and our Privacy Policy constitute the entire agreement between you and Company
with respect to the Mobile Application and supersede all prior or contemporaneous understandings and
agreements, whether written or oral, with respect to the Mobile Application.
20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or
any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any
right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and the Terms of Use or Privacy Policy, the Terms of Use or Privacy Policy (as applicable) shall govern.
21. Changes to this Agreement. We may revise, update, amend or restate this Agreement from time
to time in our sole discretion. All changes are effective immediately when we post them, and apply to
all access to and use of the Services thereafter. Your continued use of the Services following the posting
of revised, amended or restated Agreement means that you accept and agree to the changes.
22. Survival. This Section 22 (Survival), and Section 2 (License Restrictions), Section 3 (Reservation of
Rights), Section 4 (Collection and Use of Your Information), Section 8 (Third Party Materials), Section 9
(Compliance with Laws), Section 10(e) (Termination), Section 11 (Declaimer of Warranties), Section 12
(Limitation of Liability), Section 13 (Indemnification), Section 16 (Equitable Remedies), Section 17
(Governing Law), and Section 18 (Incorporation of Certain Provisions) shall survive the termination of
this Agreement.
