Terms and Conditions

Shrtn.cc (“Shrtn,” “we” or “our”) provides URL shortening, custom-branded link, and link management and analytics products and services to its users (collectively, the “Shrtn.cc Services”). Please read these Terms of Service (the “Agreement”) carefully, as they govern your access to and use of the Shrtn.cc Services and constitutes a binding legal agreement between you and Shrtn.cc. If you accept this Agreement or use the Shrtn.cc Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you”, “your” and “Customer” will refer and apply to that company or other legal entity. If you have been granted access to and use of the Shrtn.cc Services by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this Agreement.

YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A SHRTN.CC ACCOUNT, PURCHASING A PAID ACCOUNT, OR ACCESSING OR USING THE SHRTN.CC SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SHRTN.CC SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Modifications. Shrtn.cc reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms, we will post the modification on our site or provide you with notice of the modification on your Shrtn.cc Account Details page. By continuing to access or use the Shrtn.cc Services after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. Customer agrees that it is Customer’s responsibility to check this Agreement periodically for changes and that its use of the Shrtn.cc Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Shrtn.cc Services.

Fees. Shrtn.cc offers fee-based Shrtn.cc Services that provide additional features and functionality. Pricing and services for paid accounts are described on Shrtn.cc’s Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Shrtn.cc all applicable fees for the tier of Shrtn.cc Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.

Payment. Customer will pay Shrtn.cc invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes Shrtn.cc to charge Customer for all applicable Fees using Customer’s selected payment method through Shrtn.cc’s online payments platform. Customer will provide complete and accurate billing and contact information to Shrtn.cc. Shrtn.cc may suspend or terminate the Services if Fees are past due. Unpaid Fees are subject to a finance charge of one percent (1.5%) per month (18% per annum), or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees.

Taxes. Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the Shrtn.cc Services. Shrtn.cc will invoice Customer for Taxes when required to do so by applicable law, and Customer agrees to provide payment under the terms of the invoice. In the event Customer is required by law to deduct and withhold any Taxes on amounts payable under this Agreement, any amounts required to be withheld will be promptly deducted and timely remitted by the Customer on behalf of Shrtn.cc to the appropriate taxation authority and Customer agrees that it will provide Shrtn.cc with copies of all necessary documents (including but not limited to tax receipts received from the applicable tax authority) in order for Shrtn.cc to claim and receive a foreign tax credit in an amount corresponding to the amount withheld by the Customer.

Downgrades. Shrtn.cc reserves the right to downgrade, suspend or terminate Customer’s access to any or all Shrtn.cc Services if Fees are past due.

License to Shrtn.cc Services. Subject to the terms and conditions of this Agreement and payment of all Fees due hereunder, Shrtn.cc grants Customer, and any other party agreed in an Order Form, a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use the Shrtn.cc Services solely to shorten uniform resource locators (“URL”), receive certain Shrtn.cc Link Metrics and, for Enterprise Plan Customers, to utilize the other products and services defined on the applicable Order Form during the Term.

Access Credentials. Shrtn.cc shall provide Customer with non-transferable access credentials for the Shrtn.cc Services. Customer shall not (i) misrepresent or mask identities when using the Shrtn.cc Services or seeking access credentials; (ii) select or use as a username or Branded Short Domain a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username or Branded Short Domain, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by Shrtn.cc. Customer shall safeguard all access credentials provided by Shrtn.cc and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Shrtn.cc Services; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions) set out in the Agreement or otherwise prescribed by Shrtn.cc and shall not share access credentials to exceed the user limitations of the service tier Customer has purchased; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Shrtn.cc may update, refresh or change the manner of accessing the Shrtn.cc Services in its discretion.

Compliance Monitoring. Shrtn.cc may monitor Customer’s use of the Shrtn.cc Services for compliance with the Agreement. If Shrtn.cc observes usage of the Shrtn.cc Services that it believes are not in compliance with the Agreement, Shrtn.cc will notify the Customer and give the Customer five (5) business days to remedy its non-compliance. If Customer does not remedy its non-compliance within five (5) business days, Shrtn.cc reserves the right to suspend or terminate Customer’s use of the Shrtn.cc Services. Shrtn.cc reserves the right to suspend Customer’s use of the Shrtn.cc Services without notice in the event that it believes, in good faith, the security of Customer’s Shrtn.cc account has been compromised, or the Customer’s Shrtn.cc account is being used for an unlawful purpose. And may suspend or terminate Customer’s access to the Services without notice for violation of the Agreement.

Ownership. Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Shrtn.cc is the sole and exclusive owner of all right, title and interest in and to the Shrtn.cc Services and Shrtn.cc link metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Shrtn.cc Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Shrtn.cc Materials. Except for the limited license rights expressly granted herein, no rights to Shrtn.cc Materials are granted hereunder and all rights in such Shrtn.cc Materials are reserved.

License Restrictions. Customer shall not share access credentials to exceed the user limitations of the service tier Customer has purchased. Customer and its Personnel shall not, and shall not permit any third party to: (i) access the Services or export data from the Services to create a service, software, documentation or data for a URL shortening service other than Shrtn.cc or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Shrtn.cc Services or Shrtn.cc link metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Shrtn.cc Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Shrtn.cc Services or Shrtn.cc link metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Shrtn.cc Services or Shrtn.cc link metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the Shrtn.cc Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Shrtn.cc Services or Shrtn.cc link metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Shrtn.cc Services or Shrtn.cc link metrics. Notwithstanding anything to the contrary herein, Shrtn.cc may, in its sole discretion, immediately revoke the grant of rights set forth in Section 3 if Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that Shrtn.cc will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.

Technical Restrictions. Customer shall not exceed the number and/or frequency of API calls, concurrent URL shortens or other access to or use of Shrtn.cc Services in the relevant documentation or as otherwise provided by Shrtn.cc in an Order Form. If Shrtn.cc believes that Customer has attempted to exceed or circumvent these limitations, Shrtn.cc may suspend or block Customer’s access to the Shrtn.cc Services. Shrtn.cc may monitor Customer’s use of the Shrtn.cc Services, including to ensure Customer’s compliance with this Agreement.

Third Party Materials. Shrtn.cc Services may utilize third party software or source code, including without limitation Open Source Software (“Third Party Materials”). Shrtn.cc has no control over Third Party Materials. Accordingly, Shrtn.cc is not responsible or liable for any Third Party Materials. While Shrtn.cc has no obligation to monitor Third Party Materials, Shrtn.cc may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.

Customer Services. Shrtn.cc shall have no liability for any Customer product or service accessed through or making use of the Shrtn.cc Services or any end user, customer or Personnel’s use thereof (“Customer Service”). Customer shall not use the Shrtn.cc Services in any manner implying any partnership with, sponsorship by, or endorsement of the Customer Service by Shrtn.cc. Customer shall not suggest or imply that Shrtn.cc is the author of or otherwise responsible for the views or content of the Customer Service. The Shrtn.cc Services shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the Shrtn.cc Services could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Shrtn.cc in any manner.

Customer Content. Customer hereby grants to Shrtn.cc an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs and other information provided by Customer to Shrtn.cc (“Customer Content”) in connection with the provision, operation and promotion of the Shrtn.cc Services, creation of Shrtn.cc link metrics and for other business purposes. Shrtn.cc’s collection, use and sharing of personal information Shrtn.cc receives from Customer or third parties (including social media networks) is described Shrtn.cc’s Privacy Policy. As stated in our Privacy Policy, where permitted by law, if you register a Shrtn.cc Account with an email address on a domain owned by an organization, such as your employer, we may share your email address and information about your Account with our sales team and the business to explore the business’ interest in creating or managing an enterprise account or for related purposes.

Customer Content Warranties. Customer represents and warrants that Customer Content and all information on which the Shrtn.cc link metrics are based, and the receipt, collection, use and provision thereof, shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (ii) the Customer Content, and any information on which the Shrtn.cc link metrics are based, was received, collected, used and provided to Shrtn.cc in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or United States trade or export restrictions (“Laws”); (iii) it has obtained all necessary consents, approvals or other authorizations or permissions for, and has complied with its posted privacy policies and all third-party terms and conditions or privacy policies in connection with, its receipt, use and/or provision of the Customer Content and all information on which the Shrtn.cc Link Metrics are based; and (v) that none of the Customer Content or information or data on which the Shrtn.cc link metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 13.

Further Customer Warranties. Customer further represents and warrants that (i) it has implemented or contractually required industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the Shrtn.cc Services or Shrtn.cc link metrics, Customer Content and Customer Services; (ii) it will not do anything that will make the Shrtn.cc Services subject to any open source or similar license which creates an obligation to grant any rights in the Shrtn.cc Services; (iii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Shrtn.cc Services or Shrtn.cc Link Metrics; (iv) in the event of any security breach or unauthorized access to any Shrtn.cc Services, Shrtn.cc link metrics, Customer Content and Customer Services, Customer will immediately investigate such breach and notify Shrtn.cc in writing, and, unless otherwise notified by Shrtn.cc, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of Shrtn.cc, all at Customer’s cost; and (v) Customer, Customer’s use of the Shrtn.cc Services, the Customer Content and Customer Services will comply with all Laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.

SHRTN.CC DISCLAIMERS. SHRTN.CC SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SHRTN.CC DOES NOT WARRANT THAT: (I) THE SHRTN.CC SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE SHRTN.CC SERVICES AND SHRTN.CC LINK METRICS WILL BE ACCURATE, ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SHRTN.CC SERVICES ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE SHRTN.CC SERVICES OR SHRTN.CC LINK METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS’, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE SHRTN.CC SERVICES WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMERS USE OF THE SHRTN.CC SERVICES AND SHRTN.CC LINK METRICS IS SOLELY AT ITS OWN RISK. FURTHER, SHRTN.CC MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT CUSTOMER’S USE OF THE SHRTN.CC SERVICES AND SHRTN.CC LINK METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. SHRTN.CC SHALL BEAR NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL MEDIA PLATFORMS, THIRD PARTY MATERIALS OR FOR HOST OR APP STORE PROVIDERS). CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE SHRTN.CC LINK METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. SHRTN.CC DOES NOT WARRANT THAT THE SHRTN.CC LINK METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. SHRTN.CC HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE SHRTN.CC LINK METRICS BY CUSTOMER AND THIRD PARTIES.

Customer Indemnification. Customer will defend, indemnify and hold harmless Shrtn.cc, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Shrtn.cc Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Shrtn.cc Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Customer Content or Customer Services. Shrtn.cc shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defense of any claim under this Section, except that Shrtn.cc may approve any counsel used by Customer and that Shrtn.cc may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of Shrtn.cc.

LIABILITY LIMITATION. IN NO EVENT SHALL SHRTN.CC BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SHRTN.CC SERVICES, SHRTN.CC LINK METRICS OR OTHERWISE HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SHRTN.CC SERVICES; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF THE SHRTN.CC SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE SHRTN.CC WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE SHRTN.CC SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $100.00.

Agreement Term. This Agreement shall commence on the date the Customer accepts this Agreement by creating an account or purchasing a paid service tier (“Effective Date”) and remain in effect for the duration of the term selected by Customer, unless otherwise terminated as permitted herein (“Initial Term”). If your paid account is set to automatically renew, please see section 2(B) above for the auto-renewal terms.

Right to Terminate. Shrtn.cc may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the Shrtn.cc Services and return, or, if directed by Shrtn.cc, destroy, all Confidential Information of Shrtn.cc. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.

Headings; Interpretation. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation.”

Export. The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the Shrtn.cc Services without all required United States and foreign government licenses.

Government Use. The Shrtn.cc Services are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any access to or use of the Shrtn.cc Services by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If Customer uses the Shrtn.cc Services in its official capacity as an employee or representative of a U.S., state or local government entity and is legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law.

General. The failure of Shrtn.cc to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Shrtn.cc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Publicity. Customer grants Shrtn.cc the right to use Customer’s logos or trademarks in marketing or publicity materials and on its website to identify Customer as a customer that uses the Shrtn.cc Services.