Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Lativiq service ("Service"), whether through our website, API, mobile application, or any other means, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy and any additional terms applicable to specific features or services.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

These Terms constitute a legally binding agreement between you and Mile 15 Solutions Pty Ltd, the owner and operator of Lativiq ("Company", "we", "us", or "our"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you individually and that organization.

2. Definitions

Service

The Lativiq platform, including but not limited to link tracking, analytics, campaign management, short URL generation, QR code generation, and all related features and functionalities.

User Content

Any data, information, links, campaigns, or other materials that you submit, upload, or transmit through the Service.

Account

Your registered user account that provides access to the Service.

Subscription

Your selected service plan and pricing tier.

API

Application Programming Interface provided by Lativiq for programmatic access to the Service.

3. Service Description

Lativiq provides link tracking and analytics services that enable users to:

• Create and manage tracking links
• Generate short URLs and QR codes
• Track link clicks, conversions, and user behavior
• Analyze campaign performance and attribution
• Manage marketing campaigns across multiple channels
• Access detailed analytics and reporting

The Service is provided on a Software-as-a-Service (SaaS) basis and is accessed through our web interface, API, or other authorized methods.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You must be at least 18 years old or the age of legal majority in your jurisdiction to create an account.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong, unique passwords and enabling two-factor authentication when available

4.3 Account Information

You agree to keep your account information accurate and up-to-date. We reserve the right to suspend or terminate accounts with false, fraudulent, or misleading information.

4.4 Team Accounts

If you create a team account, you are responsible for all activities of team members and must ensure they comply with these Terms. You control access permissions and are liable for any violations by team members.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your use of the Service and any User Content you submit.

5.1 General Requirements

• Use the Service in compliance with all applicable local, state, national, and international laws
• Respect the rights of third parties, including intellectual property and privacy rights
• Maintain accurate records of your campaigns and link destinations
• Provide truthful information about link destinations
• Honor user privacy preferences and consent requirements

5.2 Marketing and Advertising Standards

If using the Service for marketing or advertising purposes, you must:

• Comply with all applicable advertising regulations (FTC, CAN-SPAM, GDPR, etc.)
• Obtain proper consent for email marketing and communications
• Provide clear and conspicuous disclosures where required
• Honor opt-out requests promptly
• Not engage in deceptive or misleading practices

6. Prohibited Activities

6.1 Illegal Content and Activities

You may NOT use the Service to:

• Promote, distribute, or link to illegal content or activities
• Facilitate fraud, scams, phishing, or identity theft
• Distribute malware, viruses, or harmful code
• Engage in or promote illegal gambling, drugs, weapons, or other contraband
• Facilitate human trafficking, child exploitation, or any illegal activity

6.2 Spam and Abuse

You may NOT:

• Send unsolicited bulk emails (spam) or messages
• Use the Service for mass, indiscriminate link distribution
• Engage in link farming or artificial traffic generation
• Manipulate click-through rates or analytics data
• Create misleading or deceptive shortened URLs
• Use the Service to bypass email filters or spam detection

6.3 Harmful or Offensive Content

You may NOT link to or promote:

• Content that is hateful, discriminatory, or promotes violence
• Adult content, pornography, or sexually explicit material (without prior written approval)
• Content that harasses, threatens, or bullies individuals
• Content that infringes on others' intellectual property rights
• Content that violates privacy rights or contains non-consensual intimate images

6.4 Technical Abuse

You may NOT:

• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without authorization
• Exceed rate limits or attempt to bypass usage restrictions
• Reverse engineer, decompile, or disassemble the Service
• Remove, obscure, or alter any proprietary notices
• Use the Service to launch denial-of-service attacks

6.5 Competitive Activities

You may NOT:

• Use the Service to build a competing product or service
• Benchmark the Service against competitors without written permission
• Resell, sublicense, or redistribute the Service without authorization

6.6 Enforcement

We reserve the right to investigate violations, remove content, suspend or terminate accounts, and report violations to law enforcement. We may also cooperate with legal authorities and third parties in investigating prohibited activities.

7. Intellectual Property Rights

7.1 Our Rights

The Service, including its software, design, text, graphics, logos, trademarks, and other content ("Company Content"), is owned by or licensed to Mile 15 Solutions Pty Ltd and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are reserved.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes. This license does not include:

• Any resale or commercial use of the Service or Company Content
• Collection or use of product listings, descriptions, or prices
• Derivative uses of the Service or Company Content
• Downloading or copying of account information for third parties
• Use of data mining, robots, or similar data gathering tools

7.3 Your Content

You retain all ownership rights to your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Service.

7.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property, and we may use them without restriction or compensation to you.

7.5 Trademarks

Lativiq and related logos are trademarks of Mile 15 Solutions Pty Ltd. You may not use our trademarks without prior written permission.

8. Data Ownership and Privacy

8.1 Your Data

You retain all ownership rights to your data, including analytics data, campaign data, and tracking data ("Your Data"). We do not claim ownership of Your Data.

8.2 Data Processing

We process Your Data in accordance with our Privacy Policy and applicable data protection laws, including GDPR, CCPA, and other regulations. You are responsible for:

• Obtaining necessary consents from end users for data collection and tracking
• Providing appropriate privacy notices and disclosures
• Complying with data protection and privacy laws in your jurisdiction
• Ensuring you have legal rights to collect and process the data you track

8.3 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security. See our Privacy Policy for details on our security practices.

8.4 Data Retention and Deletion

Raw event data is retained for up to 120 days. Your subscription plan determines how much history is accessible, not when those records are deleted. Other data is retained as needed to provide the Service and comply with applicable laws. Upon account termination or request, we will delete or anonymize Your Data within 90 days, except where retention is required by law.

8.5 Data Export

You may export Your Data at any time through the Service's export features or API. Upon termination, you have 30 days to export your data before it is permanently deleted.

9. Service Availability and Modifications

9.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

9.2 Service Level Agreement (SLA)

Specific uptime guarantees and remedies are detailed in your subscription plan. We target 99.9% uptime for paid plans but make no guarantees for free plans.

9.3 Modifications to Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We may:

• Add, change, or remove features
• Change pricing and plans (with notice for existing customers)
• Update or modify APIs
• Impose new limitations or restrictions

9.4 Maintenance and Updates

We may perform scheduled maintenance with advance notice when possible. Emergency maintenance may occur without notice.

10. Payment Terms and Billing

10.1 Subscription Plans

Paid subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method automatically at the beginning of each billing cycle.

10.2 Pricing

Current pricing is listed on our website. We reserve the right to change pricing with 30 days' notice for existing customers. Price changes do not affect your current billing cycle.

10.3 Payment Methods

We accept major credit cards and other payment methods as displayed during checkout. You must provide valid, current payment information.

10.4 Failed Payments

If payment fails, we will attempt to charge your payment method multiple times. If payment remains unsuccessful after 7 days, your account may be downgraded or suspended until payment is received.

10.5 Refunds

Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy. We may offer prorated refunds for annual subscriptions cancelled within 30 days at our discretion.

10.6 Taxes

All fees are exclusive of applicable taxes (VAT, sales tax, GST, etc.). You are responsible for paying all taxes associated with your subscription.

10.7 Downgrades and Cancellations

You may downgrade or cancel your subscription at any time. Downgrades take effect at the end of the current billing cycle. Upon cancellation, you retain access until the end of the paid period.

11. API Usage and Rate Limits

11.1 API Access

API access is subject to your subscription plan limits. You must use the API in accordance with our API documentation and these Terms.

11.2 Rate Limits

We impose rate limits to ensure service quality for all users. Current limits are:

• Free Plan: 1,000 requests/day
• Basic Plan: 10,000 requests/day
• Professional Plan: 100,000 requests/day
• Enterprise Plan: Custom limits

Exceeding rate limits may result in request throttling, temporary blocking, or account suspension.

11.3 API Keys

You are responsible for keeping your API keys secure. Do not share, expose, or hard-code API keys in public repositories or client-side code. Report compromised keys immediately.

11.4 API Changes

We may modify the API with reasonable notice. We will maintain backward compatibility when possible and provide migration paths for breaking changes.

12. Termination and Suspension

12.1 Termination by You

You may terminate your account at any time through account settings or by contacting support. Upon termination:

• Access to the Service ends (except for the remainder of paid periods)
• Your data will be deleted after 30 days
• No refunds are provided except as required by law
• Outstanding fees remain payable

12.2 Termination by Us

We may suspend or terminate your account immediately and without notice if:

• You violate these Terms or any applicable law
• We are required to do so by law or legal process
• Your account is inactive for more than 12 months (free plans)
• Payment fails after multiple attempts
• We discontinue the Service (with 30 days' notice)

12.3 Effects of Termination

Upon termination for any reason:

• All licenses granted to you immediately terminate
• You must cease all use of the Service
• Sections that by their nature should survive termination will survive (including but not limited to Sections 7, 13, 14, 15, 17)

12.4 Account Suspension

We may temporarily suspend accounts during investigations of suspected violations. Suspended accounts retain data but cannot access the Service until issues are resolved.

13. Limitation of Liability

13.1 Disclaimer of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MILE 15 SOLUTIONS PTY LTD (OPERATING LATIVIQ), ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and whether or not we were advised of the possibility of such damages.

13.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, OR
• $100 USD

13.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law

13.4 No Liability for Third-Party Content

We are not responsible for content accessed through links created using the Service. You acknowledge that we do not monitor, endorse, or control third-party content and are not liable for any harm resulting from it.

14. Indemnification

You agree to indemnify, defend, and hold harmless Mile 15 Solutions Pty Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Your User Content or links you create
• Any activity by others using your account or credentials
• Your use of tracking or analytics in violation of privacy laws

This indemnification obligation survives termination of these Terms and your use of the Service. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

15. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties arising from course of dealing or usage of trade

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors or defects will be corrected
• The Service is free from viruses or harmful components

You use the Service at your own risk. You are solely responsible for any damage to your computer system or loss of data resulting from your use of the Service.

16. Compliance with Laws

16.1 General Compliance

You agree to comply with all applicable laws and regulations in your use of the Service, including but not limited to:

• Export control laws and regulations
• Privacy and data protection laws (GDPR, CCPA, etc.)
• Anti-spam laws (CAN-SPAM, CASL, etc.)
• Advertising and marketing regulations
• Consumer protection laws
• Intellectual property laws

16.2 International Use

The Service is controlled and operated from Australia. If you access the Service from outside Australia, you are responsible for compliance with local laws.

16.3 Government Use

If you are a government entity, the Service is provided as "commercial computer software" and "commercial computer software documentation" subject to these Terms.

16.4 Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country subject to economic sanctions or embargoes.

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to conflict of law principles.

17.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the courts of Australia, and each party irrevocably submits to the exclusive jurisdiction of such courts.

17.3 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@lativiq.com. We will attempt to resolve disputes through good-faith negotiation.

17.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND MILE 15 SOLUTIONS PTY LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

17.5 Time Limit for Claims

You agree that any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

18. Changes to Terms

18.1 Modifications

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email or through the Service
• Provide at least 30 days' notice for material changes affecting your rights

18.2 Acceptance of Changes

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

18.3 Version History

Previous versions of these Terms are available upon request.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and the Company regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by us.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms bind and inure to the benefit of each party's successors and permitted assigns.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.6 Notices

Notices to you may be made via email or regular mail. The Service may also provide notices through the Service interface. We may provide notice to you through your account email address, and it is your responsibility to keep your email address current.

19.7 Language

These Terms were originally written in English. If we provide a translation of these Terms, the English version prevails if there is any conflict.

19. Contact Information

If you have any questions about these Terms, please contact us at: