Terms and Conditions
Welcome to LinkMyGear.com (the "Platform"). The Platform is owned and operated by Link My Gear Inc. ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the Platform, including our website, services, devices, applications, and all related functionalities (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
These Terms constitute a legally binding agreement between you, the user ("you," "your," or "User"), and Link My Gear Inc. If you do not agree to these Terms, you may not access or use the Platform or Services.
1. Introduction
Scope and Application
These Terms apply to all Users worldwide. However, the primary jurisdiction for this agreement is within the United States. Users accessing the Platform or Services outside the United States acknowledge and agree that their usage is at their own risk and subject to the limitations and disclaimers stated herein. Any specific rights or protections available to Users under their local laws outside the United States may not apply. By using the Platform, you agree to these terms and assume full responsibility for compliance with any applicable local laws.
Acceptance of Terms
By creating an account, accessing the Services, or otherwise using the Platform, you confirm that you have read, understood, and accepted these Terms. If you do not agree to all the terms, you must discontinue use immediately. Use of the Services requires you to also review and accept our Privacy Policy. Together, these documents form the entire agreement governing your use of the Platform.
Platform Purpose and Assumption of Risk
The Platform and associated devices are designed for personal, recreational, and non-commercial use. Users are expressly advised that:
- The Platform is not certified or intended for life-critical, emergency, or safety applications.
- Any reliance on the Platform for safety-related purposes is at the User's sole risk.
- The Platform and devices are provided "AS IS" without guarantees of reliability, accuracy, or uninterrupted functionality.
- You assume all risks associated with your use of the Platform and associated devices, including risks inherent in recreational activities such as skydiving or other extreme sports.
Regulatory and Compliance Disclaimer
Link My Gear Inc. operates in compliance with U.S. laws and regulations. Users accessing the Platform from outside the United States are responsible for ensuring compliance with their local laws and regulations. We make no representations or guarantees about compliance outside the U.S.
Export Controls
The Platform and Services may be subject to U.S. export controls. By using the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
Communications and Notifications
The Platform may facilitate communications or notifications, including alerts. You acknowledge that these communications are subject to potential delays, errors, or failures caused by network issues, third-party service provider disruptions, or other factors beyond our control.
Language of Terms
These Terms are provided in English only. No translations will be offered or interpreted as legally binding. Users agree to review and accept these Terms in English.
Amendments to Terms
We reserve the right to modify these Terms at any time. Any changes will become effective upon posting to the Platform, and your continued use of the Services constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
Third-Party Services and Links
The Platform may integrate with third-party services (e.g., SMS, Telegram, WhatsApp) or contain links to third-party websites. Link My Gear Inc. does not endorse, control, or guarantee the reliability of these services or websites. Your use of third-party services is subject to their respective terms and conditions.
Feedback and Suggestions
By providing feedback, suggestions, or other input regarding the Platform, you grant Link My Gear Inc. an unrestricted, royalty-free, perpetual, and irrevocable license to use, modify, and implement such input without further obligation or compensation to you.
No Agency or Partnership
Nothing in these Terms shall be construed to create any partnership, agency, or employment relationship between the User and Link My Gear Inc.
Limited Availability of Features
Certain features or Services may not be available in all geographic locations. We reserve the right to restrict or disable access to the Platform in specific regions as deemed necessary.
License to Use Platform
Users are granted a non-transferable, non-exclusive, revocable license to access and use the Platform for its intended purpose, subject to these Terms.
2. Eligibility
Age and Legal Capacity
By accessing or using the Platform, you represent and warrant that:
- You are at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
- You have the legal capacity to enter into and be bound by these Terms.
- You are not prohibited by any applicable law or regulation from accessing the Platform or Services.
Geographic Restrictions
- The Platform is made available worldwide; however, the primary jurisdiction for these Terms is within the United States.
- Users accessing the Platform from outside the United States acknowledge and agree that they do so at their own risk.
- Link My Gear Inc. does not guarantee that the Platform or Services comply with local laws, regulations, or standards outside the United States.
Prohibited Users
You may not use the Platform or Services if:
- You are under 18 years of age.
- You are located in a country or region subject to U.S. government sanctions or embargoes.
- You are on any U.S. government restricted parties list (e.g., the U.S. Treasury Department's Specially Designated Nationals List).
User Account Requirements
By creating an account, you represent and warrant that all information provided during registration is accurate, complete, and up to date, and that you will promptly update your account information to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials.
Unauthorized Use
You agree not to allow any other person to use your account. You are responsible for all activities conducted through your account, whether authorized by you or not. You must notify Link My Gear Inc. immediately if you suspect any unauthorized use of your account or a breach of security.
User Representations
By accessing or using the Platform, you further represent and warrant that your use complies with all applicable laws, regulations, and industry standards, and that you will not use the Platform for any fraudulent, harmful, or illegal purposes.
Use of Multiple Accounts
You may not create multiple accounts for the purpose of circumventing restrictions, engaging in fraudulent activity, or for any purpose not explicitly authorized by Link My Gear Inc.
Right to Verify Information
Link My Gear Inc. reserves the right to verify the accuracy of the information provided during registration or at any time. Failure to provide accurate information or verification may result in suspension or termination of your account.
Right to Refuse Service
We reserve the right to refuse access to the Platform or Services to anyone for any reason at our sole discretion, to the extent permitted by law.
Acknowledgment of Assumption of Risk
By using the Platform, you acknowledge that participation in activities associated with the Services, such as skydiving or other extreme sports, carries inherent risks, and you assume full responsibility for your actions and decisions.
Consequences of Ineligibility
If Link My Gear Inc. determines that you are ineligible to use the Platform, we reserve the right to suspend or terminate your account without prior notice and take legal action against you for any unauthorized use or fraudulent activity.
Children's Privacy
The Platform, Devices, and Services are not directed to, nor intended for, individuals under 18 years of age. We do not knowingly solicit, collect, or store personal information from anyone under 18. If you are a parent or legal guardian who becomes aware that a minor has created an account, please contact us immediately at info@linkmygear.com. If we discover that a minor has provided personal information without verifiable parental consent, we reserve the right to delete the account and any related information. You agree not to assist minors in circumventing any age restrictions on the Platform.
3. Scope of Services
Overview of Services
Link My Gear Inc. provides an integrated platform (the "Platform") and associated devices (the "Devices") to enhance recreational activities through features such as:
- IoT-based device management.
- Telemetry data collection and analysis, including position, speed, and pressure metrics.
- Logging and analysis of skydiving and other extreme sports activities.
- User-generated content uploads, including photos, videos, and comments.
- Alert functionality for notifying pre-specified contacts in certain conditions.
Non-Certified Use
- The Platform and Devices are intended solely for recreational and personal use.
- The Platform is not certified for emergency or safety-critical use and must not be relied upon for life-saving or mission-critical purposes.
- Users acknowledge and agree that the Devices and Services are not guaranteed to provide accurate or timely telemetry, alerts, or notifications in all circumstances.
Service Availability
Link My Gear Inc. strives to maintain continuous access to the Platform but does not guarantee uninterrupted or error-free operation. Service interruptions may occur due to maintenance, technical issues, or factors beyond our control. Link My Gear Inc. disclaims liability for any damages resulting from such interruptions.
Geographic Availability
The Platform is made available worldwide; however, certain features may be restricted or unavailable in specific regions due to legal, regulatory, or operational constraints. Users are responsible for determining whether the use of the Platform and Devices complies with local laws and regulations.
Modifications to Services
Link My Gear Inc. reserves the right to modify, suspend, or discontinue any aspect of the Platform or Devices at any time without prior notice. Users agree that Link My Gear Inc. is not liable for any loss or damages arising from modifications, suspensions, or discontinuations.
Device Use and Ownership
Users are solely responsible for ensuring the proper use of the Devices in accordance with the instructions provided. Unauthorized modifications, repairs, or misuse of the Devices void all warranties and absolve Link My Gear Inc. of any liability. Link My Gear Inc. retains ownership of all intellectual property related to the Devices and the Platform.
User Data and Telemetry
The Platform collects telemetry data (e.g., position, speed, pressure) from Devices to provide insights, analytics, and alert functionalities. Users retain ownership of their telemetry and personal data but grant Link My Gear Inc. a non-exclusive, royalty-free license to use, process, and store such data for the purposes outlined in these Terms. Aggregated, anonymized data generated by Link My Gear Inc. is the sole property of Link My Gear Inc. and may be used for research, analytics, and improvement of the Platform.
Third-Party Services
Certain functionalities of the Platform, such as alert notifications, rely on third-party service providers (e.g., SMS, Telegram, WhatsApp). Link My Gear Inc. does not guarantee the availability, reliability, or performance of these third-party services and disclaims all liability for damages arising from their use.
Data Sharing Consent for Alerts
By using the Platform's alert functionality, Users consent to the sharing of their location and telemetry data with designated contacts and Link My Gear Inc.'s contact center, limited to the purposes of processing alerts and ensuring user safety.
Software and Firmware Updates
Link My Gear Inc. may provide software or firmware updates to the Platform and Devices. Users agree to install updates as necessary to maintain proper functionality. Failure to update may result in degraded performance, for which Link My Gear Inc. is not liable.
Assumption of Risk
By using the Platform and Devices, Users acknowledge and assume all risks associated with their activities, including but not limited to inaccuracies or delays in telemetry data, failure of alerts or notifications to reach intended recipients, and any injury, loss, or damage resulting from reliance on the Platform or Devices.
Prohibited Uses
Users agree not to use the Platform or Devices for illegal, harmful, or fraudulent activities; commercial purposes without explicit written consent from Link My Gear Inc.; or any activity that violates these Terms or applicable laws.
Force Majeure
Link My Gear Inc shall not be held liable for any failure or delay in providing Services due to events beyond our reasonable control, including but not limited to acts of God, network failures, or regulatory restrictions.
4. Account Registration and Security
Registration Requirements
To access certain features of the Platform, you may be required to create an account. By registering, you represent and warrant that all information provided during the registration process is accurate, complete, and up to date, and that you will promptly update your account information if it changes.
Account Credentials
You are solely responsible for maintaining the confidentiality of your account credentials. You agree to:
- Use a strong password and regularly update it.
- Notify Link My Gear Inc. immediately if you suspect unauthorized access or a breach of your account.
- Log out of your account at the end of each session, especially when accessing the Platform from public or shared devices.
Account Ownership
Accounts are personal to the User and may not be transferred, sold, or shared with others without explicit written consent from Link My Gear Inc.
Unauthorized Access and Activity
You are responsible for all activities conducted through your account, whether or not authorized by you. If unauthorized access or activity is detected, Link My Gear Inc. reserves the right to temporarily suspend or permanently deactivate your account and take appropriate legal action.
Suspension or Termination of Accounts
Link My Gear Inc. may suspend or terminate your account at any time without prior notice if you violate these Terms, provide false information, or engage in unauthorized or harmful activities.
Account Deletion
You may delete your account at any time by contacting Link My Gear Inc. or using the account settings provided on the Platform. Upon account deletion, all personal data associated with your account will be deleted in accordance with our Privacy Policy, subject to any legal or operational data retention requirements. Aggregated or anonymized data may still be retained for analytical purposes.
User Responsibilities
You agree not to use another person's account without permission, create accounts using false identities or automated means, or use your account for any unlawful, harmful, or fraudulent activities.
Account Recovery
If you lose access to your account, you may request recovery by providing sufficient proof of identity as required by Link My Gear Inc. Link My Gear Inc. is not responsible for account loss resulting from insufficient recovery information or unauthorized changes to your account credentials.
Right to Refuse Registration
Link My Gear Inc. reserves the right to refuse account registration or access to the Platform to any individual at its sole discretion, provided such refusal does not violate applicable laws.
Liability Disclaimer
Link My Gear Inc. is not liable for any losses or damages arising from unauthorized access to your account, your failure to comply with your obligations under this section, or errors or omissions in the registration process.
5. User Responsibilities
Compliance with Laws
You agree to use the Platform and Devices in compliance with all applicable local, state, national, and international laws, regulations, and industry standards. It is your responsibility to determine whether the use of the Platform and Devices is lawful in your jurisdiction.
Acceptable Use
You agree not to:
- Use the Platform or Devices for illegal, harmful, or fraudulent purposes.
- Engage in activities that could damage, disable, overburden, or impair the Platform or interfere with other users' access to the Services.
- Attempt to gain unauthorized access to the Platform, user accounts, or systems connected to the Platform.
User-Generated Content
If you upload content (e.g., photos, videos, comments) to the Platform, you represent and warrant that:
- The content is your original creation or you have the necessary rights and permissions to upload it.
- The content does not infringe on the intellectual property, privacy, or other rights of any third party.
- The content does not contain illegal, harmful, defamatory, or otherwise objectionable material.
You grant Link My Gear Inc. a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your content as necessary to provide the Services.
Prohibited Activities
You agree not to:
- Modify, reverse-engineer, decompile, or disassemble any part of the Platform or Devices.
- Use the Platform or Devices to send spam, phishing messages, or other unsolicited communications.
- Exploit the Platform or Devices for commercial purposes without explicit written permission from Link My Gear Inc.
- Upload or transmit viruses, malware, or any other harmful code.
- Use telemetry data obtained from the Platform for any unauthorized or commercial purpose without explicit written consent from Link My Gear Inc.
Accuracy of Information
You are responsible for ensuring the accuracy and completeness of any information you provide, including account details, telemetry data, and user-generated content. Link My Gear Inc. is not liable for errors or issues arising from inaccurate or incomplete information provided by you.
Device Usage
You are solely responsible for the proper use and maintenance of the Devices in accordance with the instructions provided by Link My Gear Inc. Any unauthorized modifications, repairs, or misuse of the Devices may result in degraded functionality and void any applicable warranties or support agreements. Users agree to dispose of Devices responsibly in compliance with local electronic waste disposal regulations.
Responsibility for Alerts
If you enable alert functionality, you are responsible for configuring and maintaining accurate emergency contact details in your account, ensuring that those contacts are aware of their inclusion in the alert system, and understanding that alert notifications are not guaranteed to be delivered or acted upon in all circumstances.
No Misrepresentation
You agree not to impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity when using the Platform or Devices.
Export Controls
You agree not to use, export, or re-export the Devices, Platform, or telemetry data in violation of any applicable export control laws or regulations, including those of the United States.
Indemnification
You agree to indemnify and hold harmless Link My Gear Inc., its officers, employees, and affiliates from any claims, damages, or expenses arising from your violation of these Terms, your misuse of the Platform or Devices, or your infringement of any rights of a third party, including intellectual property or privacy rights.
Reporting Misuse
You agree to promptly report any misuse of the Platform or Devices, security breaches, or violations of these Terms to Link My Gear Inc.
Waiver of Liability for User Negligence
Link My Gear Inc. shall not be liable for any damages, injuries, or losses caused by your failure to adhere to these Terms and any warnings or instructions provided with the Devices or on the Platform.
6. Device Use and Data
Purpose of Devices
Devices provided by Link My Gear Inc. are designed exclusively for personal, recreational use. They are not certified or intended for emergency, safety-critical, or life-saving purposes. Users acknowledge that the Devices are not guaranteed to provide accurate or real-time telemetry data in all circumstances.
Device Ownership and Licensing
Devices remain the intellectual property of Link My Gear Inc. By purchasing or using a Device, you are granted a limited, non-exclusive, non-transferable license to use the Device in accordance with these Terms. Unauthorized duplication, modification, or reverse-engineering of the Device is strictly prohibited.
Proper Use of Devices
Users are responsible for ensuring that Devices are used in accordance with the provided instructions and guidelines. Unauthorized modifications, repairs, or improper handling of Devices may result in reduced functionality and void any applicable warranties or support agreements.
Data Collection
By using the Devices, you consent to the collection of telemetry data, which may include but is not limited to:
- Position (GPS coordinates).
- Speed, altitude, and pressure metrics.
- Device usage logs and error reports.
This data is collected to provide the core functionalities of the Platform, including activity logging, analytics, and alert notifications.
Ownership of Data
Users retain ownership of the telemetry data generated by their Devices. By using the Platform, you grant Link My Gear Inc. a non-exclusive, royalty-free, perpetual license to use, process, and store telemetry data for the purpose of providing Platform services, and to aggregate and anonymize data for research, analysis, and service improvement.
Data Sharing and Alerts
If alert functionality is enabled, telemetry data and location information may be shared with designated emergency contacts configured in your account settings, Link My Gear Inc.'s contact center for processing alerts, and emergency services or authorities if deemed necessary. Users consent to such data sharing for the purposes of safety and alert processing.
Data Security
Link My Gear Inc. employs industry-standard security measures to protect collected data. However, no system is entirely secure, and you acknowledge that data transmission may be subject to breaches beyond our control. Users are responsible for securing their Devices to prevent unauthorized access.
Data Accuracy and Limitations
Link My Gear Inc. does not guarantee the accuracy, completeness, or reliability of telemetry data. Users agree not to hold Link My Gear Inc. liable for errors or omissions in telemetry data or for any decisions made based on such data.
Device Maintenance
Users are responsible for ensuring firmware updates are installed when available and replacing or repairing hardware components as needed to maintain functionality. Link My Gear Inc. is not liable for damages arising from failure to maintain Devices properly.
Device Updates and End-of-Life Policy
Link My Gear Inc. may provide firmware or software updates to ensure the continued functionality and security of the Devices. Users are responsible for ensuring updates are installed promptly. Link My Gear Inc. reserves the right to discontinue support for certain Devices at the end of their lifecycle, with reasonable prior notice provided.
Disposal and Environmental Compliance
Users agree to dispose of Devices responsibly and in compliance with local electronic waste regulations. Improper disposal may result in legal penalties, for which Link My Gear Inc. assumes no responsibility.
Disclaimer for Environmental and Physical Conditions
Devices rely on environmental factors, such as GPS signals and atmospheric conditions, for telemetry data. Link My Gear Inc. is not responsible for any inaccuracies, malfunctions, or failures caused by external factors, including extreme weather, obstructions, or interference.
Restrictions on Device Resale
Devices are uniquely identified by their IMEI and are linked to the User's account upon registration. If a User wishes to resell or transfer their Device, they must notify Link My Gear Inc. to unlink the Device from their account and ensure that all data and personal configurations associated with the Device are erased. Alert messages generated by an unlinked Device will no longer be processed by Link My Gear Inc.'s contact center, and the Device will remain inactive in the system until a new user registers it.
Export Compliance
Devices and telemetry data may be subject to export controls under U.S. law. Users agree not to export or re-export Devices or related data in violation of applicable laws.
Device Certifications and Regulatory Approvals
FCC Compliance (U.S. Only): Certain Devices sold or distributed by Link My Gear Inc. may be classified as radio frequency (RF) devices subject to FCC compliance rules. Using or modifying the Device in any way not expressly approved by Link My Gear Inc. may void FCC authorization. Users are prohibited from making hardware or software modifications that alter the Device's RF emissions.
CE Marking (EU/EEA): Devices intended for distribution in the EEA or the United Kingdom may carry a CE mark. If you import or use the Device in an EU/EEA member state, you are responsible for ensuring that usage complies with local radio frequency and safety regulations.
Other Jurisdictions: Link My Gear Inc. does not guarantee that the Devices meet regulatory approval outside the U.S. or EU. If you export, import, or use the Device in a country that requires specific compliance certifications, you assume responsibility for ensuring legal operation.
Frequency Bands and Licensing: Some frequency bands used by the Devices may require an operator's license or special permit in certain jurisdictions. You are solely responsible for obtaining any such licenses or permits before using the Device.
No Re-Export to Sanctioned Countries: By purchasing or using the Devices, you certify that you will not re-export the Devices or any related technology to countries or entities subject to U.S. embargoes or trade sanctions without obtaining all necessary government authorizations.
7. Intellectual Property Rights
Ownership of Intellectual Property
All intellectual property rights related to the Platform, Devices, and Services — including but not limited to software, designs, trademarks, logos, and content provided by Link My Gear Inc — are the sole property of Link My Gear Inc. or its licensors. Aggregated and anonymized data generated from user activity on the Platform is the sole property of Link My Gear Inc. and may be used for research, analytics, and service improvement without limitation. Nothing in these Terms transfers ownership of any intellectual property rights to you.
License to Use the Platform and Devices
Link My Gear Inc. grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Devices solely for their intended purpose in accordance with these Terms. This license does not permit:
- Commercial use of the Platform or Devices without prior written consent.
- Modification, reproduction, distribution, or creation of derivative works based on the Platform or Devices.
- Reverse engineering, decompilation, or disassembly of the Platform, Devices, or any software used therein, except as expressly permitted by applicable law.
Trademarks
The trademarks, logos, and branding displayed on the Platform or Devices are the property of Link My Gear Inc. or third-party licensors. You may use Link My Gear Inc. trademarks solely for factual or informational purposes, such as reviews, provided such use does not imply endorsement or affiliation. Any other use requires prior written approval.
User-Generated Content
You retain ownership of any content you upload to the Platform, including photos, videos, comments, and other user-generated materials. By uploading content, you grant Link My Gear Inc. a non-exclusive, worldwide, royalty-free, perpetual license to use, store, display, reproduce, and distribute your content as necessary for providing the Services, and to aggregate, anonymize, and use content for analytics, research, and platform improvement. Link My Gear Inc. reserves the right to review, monitor, and remove any content that violates these Terms or applicable laws.
Prohibited Uses of Intellectual Property
You agree not to:
- Copy, modify, or distribute any part of the Platform or Devices without express written permission from Link My Gear Inc.
- Use the intellectual property of Link My Gear Inc. in any way that infringes upon these Terms or applicable laws.
- Remove, alter, or obscure any copyright, trademark, or proprietary notices.
- Use automated means, such as bots or crawlers, to access, extract, or use content or data from the Platform.
Feedback and Suggestions
Any feedback, suggestions, or ideas you provide to Link My Gear Inc. regarding the Platform, Devices, or Services shall become the sole property of Link My Gear Inc. Link My Gear Inc. may use, implement, or commercialize such feedback without any obligation to compensate you.
DMCA Compliance
If you believe content on the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to info@linkmygear.com, including the required information under 17 U.S.C. § 512(c)(3).
Enforcement of Intellectual Property Rights
Link My Gear Inc. reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief, damages, and other remedies for unauthorized use or infringement. The provisions related to Link My Gear Inc. intellectual property rights shall survive the termination of your account or these Terms.
8. Limitation of Liability
General Disclaimer of Liability
To the fullest extent permitted by applicable law, Link My Gear Inc. and its officers, employees, affiliates, licensors, and service providers are not liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to:
- Loss of profits, revenue, data, or business opportunities.
- Personal injury or property damage resulting from the use of the Platform or Devices.
- Failure of the Platform, Devices, or Services to meet your expectations.
No Guarantee of Functionality
Link My Gear Inc. provides the Platform and Devices on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Warranties that the Platform or Devices will operate uninterrupted, error-free, or free from defects.
Alerts and Notifications
Alerts and notifications provided by the Platform are not guaranteed to be delivered or acted upon in a timely manner or at all. You acknowledge that alerts are for informational purposes only and are not a substitute for certified emergency response systems, and that Link My Gear Inc. assumes no liability for the accuracy or delivery of alert notifications.
Exclusion for Unauthorized Modifications
Link My Gear Inc. is not liable for any damages or malfunctions resulting from unauthorized modifications, repairs, or tampering with the Devices or Platform.
Disclaimer for Data Accuracy
Link My Gear Inc. does not warrant the accuracy, completeness, or timeliness of telemetry data collected by the Devices. Decisions based on such data are made at your own risk.
No Responsibility for Loss of Data
Link My Gear Inc. is not responsible for any loss, corruption, or unauthorized access to your data, including telemetry, user-generated content, or account information.
Force Majeure
Link My Gear Inc. shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, network outages, or government actions.
Environmental and Physical Risks
You acknowledge that activities involving the Devices, such as skydiving or extreme sports, carry inherent environmental and physical risks, for which Link My Gear Inc. is not liable.
Disclaimer for Third-Party Services
Link My Gear Inc. relies on third-party providers for certain services, including alert notifications and messaging. Link My Gear Inc. is not responsible for delays, errors, or failures caused by these providers.
Limitation of Damages
In no event shall the total liability of Link My Gear Inc. exceed the greater of:
- The amount you paid for the specific Device or Service giving rise to the claim.
- One hundred U.S. dollars (USD $100).
Pre-Approval for Certain Claims
Users must provide written notice to Link My Gear Inc. regarding any claim or issue and allow a reasonable period for resolution before pursuing legal action.
Assumption of Risk
By using the Platform and Devices, you acknowledge and accept the inherent risks associated with their use, including inaccuracies or delays in telemetry data and physical or environmental risks associated with activities tracked by the Devices.
Indemnification
You agree to indemnify, defend, and hold harmless Link My Gear Inc., its officers, employees, affiliates, licensors, and service providers from any claims, damages, or expenses arising from your violation of these Terms, your use or misuse of the Platform, Devices, or Services, or your infringement of any rights of a third party, including intellectual property or privacy rights.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the liability of Link My Gear Inc. shall be limited to the maximum extent permitted by applicable law. The limitations of liability outlined in this Section shall survive the termination of your account or use of the Platform.
No Insurance Coverage Provided
Link My Gear Inc. does not provide, arrange, or carry any form of insurance on behalf of Users. By using the Platform and Devices, you acknowledge and agree that you are solely responsible for obtaining and maintaining any personal, property, medical, life, or other insurance coverage that you deem necessary or advisable for your activities (including, but not limited to, skydiving or other extreme sports).
The Platform and Devices are not designed or certified to replace professional rescue, first response, or law enforcement services in any jurisdiction. Alert Functionality (if applicable) is offered solely for informational purposes and convenience. Users should not rely on Link My Gear Inc.'s Devices or the Platform as a primary means of summoning emergency aid. Always use officially recognized channels (e.g., calling 911 or other local emergency numbers) for urgent medical, rescue, or law enforcement assistance.
9. Indemnification
General Indemnification
You agree to indemnify, defend, and hold harmless Link My Gear Inc., its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use or misuse of the Platform, Devices, or Services.
- Your violation of these Terms.
- Your infringement of any third-party rights, including intellectual property, privacy, or proprietary rights.
- Your failure to comply with any applicable laws or regulations in connection with your use of the Platform or Devices.
- The resale or transfer of a Device without proper unlinking from your account or compliance with these Terms.
Indemnification for Uploaded Content
You are responsible for the legality, accuracy, and appropriateness of any content you upload to the Platform. You agree to indemnify Link My Gear Inc. for any claims arising from content that violates intellectual property, privacy, or other rights, including defamation, copyright infringement, or obscenity.
Indemnification for Misrepresentation
You agree to indemnify Link My Gear Inc. for any claims, damages, or losses arising from your misrepresentation of identity, ownership of a Device, or the accuracy of data provided.
Regulatory Compliance
You agree to indemnify Link My Gear Inc. for any penalties, legal costs, or damages resulting from your violation of applicable laws or regulations in connection with the Platform or Devices.
Notification of Claims
In the event of a claim subject to indemnification, Link My Gear Inc. will promptly notify you in writing. You agree to cooperate fully in the defense or settlement of the claim. Link My Gear Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification at your expense.
Costs and Expenses
You agree to reimburse the Indemnified Parties for all reasonable legal fees, settlements, or damages incurred as a result of claims covered by this indemnification obligation.
Survival of Indemnification Obligations
Your indemnification obligations under this Section will survive the termination of your account, your use of the Platform or Devices, or these Terms.
10. Payment and Billing
Payment Obligations
By purchasing Devices or subscribing to Services through the Platform, you agree to pay all applicable fees and charges in accordance with the terms and pricing provided at the time of purchase. All payments are due immediately unless otherwise specified in the applicable purchase terms.
Accepted Payment Methods
Link My Gear Inc. accepts payments through credit cards, debit cards, and other methods as specified on the Platform. You authorize Link My Gear Inc. or its third-party payment processors to charge the payment method you provide for all purchases and subscriptions.
Subscription Services
Certain features of the Platform may require a recurring subscription. By subscribing, you agree to pay the subscription fee in advance for the billing cycle specified at the time of purchase, and allow automatic renewal of your subscription unless you cancel prior to the renewal date. Cancellation of a subscription will take effect at the end of the current billing cycle, and no refunds will be provided for partial periods unless required by law.
Currency Conversion and Fees
Payments made in currencies other than U.S. dollars will be converted at your financial institution's applicable exchange rate. You are responsible for any currency conversion or foreign transaction fees.
Refund Policy
All sales are final, and fees are non-refundable unless explicitly stated otherwise in the applicable purchase terms or required by law. Refunds for defective Devices or Services will be considered on a case-by-case basis. Requests must be submitted within 30 days of the original purchase date. If Link My Gear Inc. discontinues a subscription service, you will receive a prorated refund for the unused portion of your subscription, unless otherwise stated in the applicable terms.
Late Payments and Grace Period
If payment is not received by the due date, Link My Gear Inc. reserves the right to suspend or terminate your access to the Platform or Services and to charge late fees or interest, as permitted by applicable law. A grace period of up to 5 days may be provided for you to resolve payment failures.
Chargebacks and Fraudulent Disputes
Unauthorized chargebacks or disputes deemed fraudulent by Link My Gear Inc. may result in immediate account suspension or termination. Users are responsible for reimbursing all costs associated with resolving such disputes, including legal fees, chargeback fees, and administrative costs.
Taxes
You are responsible for paying all applicable taxes, duties, or levies imposed on your purchase or use of the Devices and Services, except for taxes based on Link My Gear Inc.'s income.
No Resale or Transfer of Services
Services purchased through the Platform are intended for your personal use and may not be resold, transferred, or assigned to another party without prior written approval from Link My Gear Inc.
11. Termination of Services
Termination by Link My Gear Inc.
Link My Gear Inc. reserves the right to terminate or suspend your access to the Platform, Devices, or Services at its sole discretion, with or without notice, for any of the following reasons:
- Violation of these Terms or any applicable laws or regulations.
- Non-payment of fees or charges owed to Link My Gear Inc.
- Fraudulent, harmful, or unauthorized use of the Platform, Devices, or Services.
- Actions that disrupt or impair the functionality or security of the Platform or Devices.
- Receipt of credible allegations or evidence of misuse or infringement of third-party rights.
- Compliance with legal, regulatory, or law enforcement requirements.
Termination by User
You may terminate your account and use of the Platform at any time by following the account deletion process in the Platform settings or providing written notice to Link My Gear Inc. Upon termination by the user, you remain responsible for any unpaid fees or outstanding balances. No refunds will be issued for partial periods of subscription or prepaid services unless required by law or explicitly stated otherwise.
Effect of Termination
Upon termination of your account or Services:
- Access to the Platform and its features, including linked Devices, will be immediately revoked.
- Any telemetry data or user-generated content may be deleted in accordance with the Privacy Policy, except where retention is required for legal, regulatory, or investigative purposes.
- Aggregated and anonymized data derived from your use of the Platform may continue to be retained and used by Link My Gear Inc.
- Devices linked to the terminated account will no longer be supported by the Platform.
Survival of Obligations
The following provisions shall survive termination of your account or Services:
- Ownership of intellectual property (Section 7).
- Limitation of liability (Section 8).
- Indemnification obligations (Section 9).
- Payment obligations for unpaid fees (Section 10).
- Governing law and dispute resolution provisions.
Non-Circumvention
Users whose accounts have been terminated are prohibited from creating new accounts or accessing the Platform or Services through any other means without prior written approval from Link My Gear Inc.
Reinstatement Conditions
Requests for reinstatement of a terminated account may be considered at the sole discretion of Link My Gear Inc. Reinstatement is contingent upon full payment of any outstanding fees or charges owed, payment of any applicable reinstatement fees, and agreement to any additional terms or conditions set forth by Link My Gear Inc.
Notification of Termination
In the event of termination initiated by Link My Gear Inc., users will be notified via the email address on file or through the Platform. The notice will specify the reason for termination, except where disclosure could compromise investigations or legal actions.
12. Governing Law and Dispute Resolution
Governing Law
These Terms, and any disputes arising out of or related to them, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Jurisdiction and Venue
Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in Delaware. You hereby consent to the personal jurisdiction and venue of such courts and waive any objections based on inconvenient forum or lack of jurisdiction.
Mandatory Arbitration
Any dispute, controversy, or claim arising out of or related to these Terms, the Platform, or Devices, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware unless the parties mutually agree to a different location. Each party shall bear its own costs and expenses, including attorneys' fees, unless otherwise awarded by the arbitrator. All arbitration proceedings shall remain confidential and not be disclosed to any third party without the prior written consent of both parties, except as required by law.
Opt-Out of Arbitration
You may opt out of the mandatory arbitration provision within 30 days of first accepting these Terms by providing written notice to Link My Gear Inc. at info@linkmygear.com. Opting out does not affect the applicability of the remaining provisions in this Section.
Class Action Waiver
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate the claims of multiple parties or otherwise preside over any form of a representative or class proceeding.
Informal Resolution of Disputes
Before initiating arbitration or legal action, you agree to contact Link My Gear Inc. at info@linkmygear.com to attempt to resolve the dispute informally. Both parties agree to make good-faith efforts to resolve the dispute within 30 days of notice. If the dispute is not resolved within this timeframe, either party may proceed with arbitration or legal action.
Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action you may have arising out of or related to these Terms, the Platform, Devices, or Services must be filed within one (1) year after the claim or cause of action arises. Failure to do so will result in a permanent bar of such claim or cause of action.
Small Claims Exception
Notwithstanding the mandatory arbitration clause, either party may bring claims in small claims court if the claims fall within the jurisdictional limits of such courts.
Injunctive Relief and IP Disputes
Disputes involving the misuse or infringement of intellectual property rights shall be resolved exclusively in the state or federal courts located in Delaware. Link My Gear Inc. may seek injunctive or other equitable relief in any court of competent jurisdiction.
Waiver of Jury Trial
To the fullest extent permitted by law, both parties waive any right to a jury trial in connection with disputes arising out of or related to these Terms, the Platform, or Devices.
Attorney's Fees for Meritless Claims
If Link My Gear Inc. prevails in any dispute, whether through arbitration or court proceedings, you shall reimburse all reasonable attorneys' fees, costs, and expenses incurred in connection with the dispute.
13. Disclaimers
No Warranties
The Platform, Devices, and Services are provided "AS IS" and "AS AVAILABLE," without any warranties, express or implied, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, non-infringement, or availability.
- Warranties that the Platform or Devices will be uninterrupted, error-free, secure, or free of harmful components.
Link My Gear Inc. disclaims all liability for incidental or consequential damages arising from the use of the Platform or Devices.
Recreational Use Only
The Devices and Platform are intended for recreational use only and are not designed or certified for emergency response or life-saving purposes, or professional, safety-critical, or regulatory-compliant applications. The use of Devices is further subject to the Release of Liability and Assumption of Risk Agreement provided at the time of purchase.
Accuracy of Data
While Link My Gear Inc. strives to provide accurate and reliable telemetry and activity data, the accuracy of such data is not guaranteed. Factors such as environmental conditions, network outages, and user handling may affect the reliability of telemetry data.
Network and Environmental Dependencies
The functionality of the Devices and Platform depends on third-party networks, such as GPS and cellular services, as well as environmental conditions. Link My Gear Inc. disclaims liability for interruptions, inaccuracies, or failures caused by these dependencies.
Third-Party Services
The Platform may integrate with third-party services such as SMS, Telegram, or WhatsApp for notifications and alerts. Link My Gear Inc. makes no guarantees regarding the availability, performance, or accuracy of these third-party services and disclaims liability for delays, errors, or failures caused by these services.
Limitations of Alerts
Alerts and notifications provided by the Platform are intended solely for informational purposes and are not a substitute for certified emergency response systems. Link My Gear Inc. does not guarantee that alerts will be timely, accurate, or actionable, and assumes no liability for actions taken or not taken based on alerts or notifications.
Data Storage and Security
While Link My Gear Inc. employs industry-standard measures to protect user data, the Platform is provided "AS IS" with no guarantees of data security or integrity. Users are responsible for maintaining backups of their data.
Beta Features
Experimental or beta features may be withdrawn or altered at any time without notice. Users acknowledge that data loss, inaccuracies, or functionality issues may occur when using these features.
Force Majeure
Link My Gear Inc. is not responsible for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, network outages, or supply chain disruptions.
Local Consumer Protections and Non-Excludable Rights
While these Terms are governed by Delaware law, certain jurisdictions may grant you specific legal rights that cannot be waived or disclaimed by contract. If you reside in a jurisdiction where applicable consumer-protection laws or regulations provide mandatory legal rights, nothing in these Terms shall limit or exclude those rights. Where a direct conflict exists between these Terms and mandatory laws in your jurisdiction, the mandatory laws shall govern to the extent of such conflict.
14. Privacy and Data Usage
Explicit User Consent
By creating an account, registering a Device, or using the Platform, you explicitly consent to the collection, use, processing, and sharing of your data as described in these Terms and the Privacy Policy.
Types of Data Collected
- Personal Information: Includes name, email address, phone number, billing and shipping addresses, login credentials, and payment details.
- Device and Telemetry Data: Includes GPS coordinates, speed, altitude, pressure, IMEI numbers, and event history.
- Technical Information: Includes IP addresses, browser types, operating systems, cookies, and session activity.
Purpose of Data Collection
Data is collected to enable core Platform features, process telemetry data, generate alerts, analyze user behavior, improve services, comply with legal obligations, and respond to lawful requests.
Data Sharing
Data may be shared with:
- Third-Party Providers: For cloud storage, messaging services, and payment processing.
- Designated Contacts: Location and alert data shared with emergency contacts or authorities.
- Authorities: Location data may be shared during alerts at Link My Gear Inc.'s discretion.
Data Security
Link My Gear Inc. uses encryption, access controls, and other measures to protect data but does not guarantee absolute security.
Data Retention and Ownership
Personal data is retained as long as necessary for service delivery or legal compliance. Aggregated and anonymized data is owned by Link My Gear Inc. and may be used indefinitely.
Data Transfers
International data transfers are conducted in compliance with applicable laws using mechanisms such as Standard Contractual Clauses (SCCs).
User Rights
Users may request access, correction, or deletion of personal data, subject to legal retention requirements.
Cookies and Tracking Technologies
The Platform may use cookies, web beacons, pixels, tags, local storage, and other tracking technologies to enhance user experience, enable certain functionalities, and analyze usage patterns. By using the Platform, you consent to our use of cookies as described in these Terms and our Privacy Policy. Types of cookies used include Essential Cookies (for session management and authentication), Analytics/Performance Cookies, Functionality Cookies, and Advertising Cookies (if applicable). You can manage cookie preferences via your browser settings. For more information, please see our Cookie Policy.
Changes to Privacy Practices
Link My Gear Inc. reserves the right to update this Privacy and Data Usage section at any time. Notice of significant changes will be provided via email or the Platform.
15. Modifications to the Terms
Right to Modify
Link My Gear Inc. reserves the right to update, revise, or modify these Terms at any time, at its sole discretion, to reflect changes in legal, regulatory, or operational requirements; enhancements to Services, Platform functionality, or Devices; or adjustments to fees, payment terms, or other commercial terms.
Notification of Changes
Users will be notified of material changes to these Terms through email sent to the address on file, notice posted on the Platform or presented during login, or other communication channels as deemed appropriate.
Effective Date
Changes to these Terms will become effective on the date specified in the notification. Certain updates required to comply with applicable laws, address security vulnerabilities, or prevent fraudulent activity may become effective immediately upon notice.
User Review and Automatic Acceptance
Your continued access or use of the Platform, Devices, or Services following the effective date of a change constitutes your acknowledgment and acceptance of the updated Terms.
Opt-Out of Material Changes
If you do not agree to material changes, you may terminate your account and discontinue use of the Platform, Devices, and Services within 30 days of receiving notice, without penalty for early termination.
Revision Archive
Previous versions of these Terms will be available on the Platform for a period of 12 months following their revision, unless otherwise required by law. Users may request access to older versions by contacting Link My Gear Inc.
16. Miscellaneous Provisions
Entire Agreement
These Terms, along with the Privacy Policy and any other agreements expressly incorporated herein, constitute the entire agreement between you and Link My Gear Inc. regarding the Platform, Devices, and Services. They supersede any prior agreements or understandings, whether written or oral.
No Waiver
The failure of Link My Gear Inc. to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be made in writing and signed by an authorized representative of Link My Gear Inc.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
You may not assign or transfer these Terms, or your rights or obligations under them, without prior written consent from Link My Gear Inc. Link My Gear Inc. may assign or transfer its rights and obligations under these Terms without restriction.
Force Majeure
Link My Gear Inc. shall not be liable for delays or failures in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, network outages, labor disputes, or supply chain disruptions.
Survival
Provisions that by their nature should survive termination of these Terms shall do so, including governing law and dispute resolution (Section 12), limitation of liability (Section 8), indemnification (Section 9), and privacy and data usage obligations (Section 14).
Notices
Notices to Link My Gear Inc. must be sent to info@linkmygear.com. Notices to you may be sent via email, posted on the Platform, or communicated through other appropriate channels.
Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Link My Gear Inc. Both parties agree that they are independent contractors.
Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Link My Gear Inc.
Electronic Signatures and Communications
By accessing or using the Platform, Devices, or Services, you agree that any agreement or consent required under these Terms may be executed or delivered via electronic means. Your click-through or affirmative confirmation (e.g., clicking "I Agree") constitutes a legally binding electronic signature for all purposes, with the same effect as a handwritten signature. You consent to receive all communications, notices, disclosures, and other information electronically, whether via email, Platform notifications, or other digital channels.
Accessibility and ADA Compliance
Link My Gear Inc. is committed to making the Platform accessible to individuals with disabilities and aims to follow applicable accessibility standards, such as the Web Content Accessibility Guidelines (WCAG), to the extent commercially reasonable and technically feasible. While we strive to meet accessibility guidelines, we do not guarantee that every feature or function of the Platform will be fully accessible to every individual under all circumstances. If you experience difficulty accessing any part of the Platform due to a disability, please contact us at info@linkmygear.com.
17. Contact Information
General Inquiries
For general questions about the Platform, Devices, or Services, you may contact Link My Gear Inc. using the following information:
- Email: info@linkmygear.com
- Phone: (916) 883-1596
- Mailing Address: 254 Chapman Rd, Ste 208 #22154, Newark, Delaware 19702 US
Legal Notices
Any legal notices, including but not limited to notices of disputes, claims, or requests related to privacy rights, must be submitted in writing to:
Link My Gear Inc
254 Chapman Rd, Ste 208 #22154, Newark, Delaware 19702 US
info@linkmygear.com
Reporting Issues
To report issues such as suspected breaches, unauthorized activity, or misuse of the Platform, email info@linkmygear.com or use the Platform's in-app reporting tools, if available.
Privacy-Related Inquiries
For privacy-related questions or requests, including data access, correction, or deletion, email info@linkmygear.com and refer to the Privacy Policy for detailed instructions.
Alerts Support
For inquiries related to alerts generated by the Platform or Devices:
- Alerts Support: alert@linkmygear.com
- Availability: 9am–5pm EST
Note: Alerts are informational and not a substitute for emergency response services.
Response Time
Link My Gear Inc. strives to respond to all inquiries within 5 business days of receipt. All communications must be conducted in English.
18. Feedback and Suggestions
Any feedback, suggestions, ideas, or other communications you submit to Link My Gear Inc. regarding the Platform, Devices, or Services (collectively, "Feedback") shall become the exclusive property of Link My Gear Inc. By submitting Feedback, you grant Link My Gear Inc. a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose without acknowledgment or compensation, unless otherwise required by applicable law. Link My Gear Inc. is under no obligation to review, consider, or implement any Feedback.
19. Beta Testing Provisions
Link My Gear Inc. may offer beta features or functionalities for user testing and feedback. By using such beta features, you agree to the following:
- Beta features are experimental, may contain defects, and are provided "AS IS" without any warranties, express or implied.
- Link My Gear Inc. reserves the right to modify, discontinue, or withdraw beta features at any time without prior notice or liability.
- Data generated during beta testing may not be recoverable, and Link My Gear Inc. is not liable for any loss of data or functionality associated with beta features.
- Testers should not publicly disclose screenshots or discuss features until officially released.
20. Additional Terms for Paid Services
Certain features or functionalities of the Platform may require payment. Additional terms and conditions for such paid services will be presented at the time of purchase or subscription. By purchasing or subscribing to paid services, you agree to pay all applicable fees and charges in accordance with the pricing and payment terms provided, and to be subject to any additional refund, cancellation, or usage policies associated with the specific paid service. Failure to comply with the terms of paid services may result in suspension or termination of your access to those services.
21. Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action you may have arising out of or related to these Terms, the Platform, Devices, or Services must be filed within one (1) year after the claim or cause of action arises. Failure to do so will result in a permanent bar of such claim or cause of action.
22. Technology-Specific Security Provisions
- Device Security: You are responsible for maintaining the security of your Device, including keeping software and firmware updated to the latest version provided by Link My Gear Inc.
- Tampering Prohibited: Any attempt to tamper with, reverse-engineer, or modify Devices or the Platform is strictly prohibited and will result in immediate termination of your account, in addition to any legal action available to Link My Gear Inc.
- Data Encryption: While Link My Gear Inc. uses industry-standard encryption to secure telemetry and other data, you acknowledge that no transmission or storage system is entirely secure, and Link My Gear Inc. disclaims liability for breaches beyond commercially reasonable efforts.
23. Dispute Escalation Pathway
Before initiating arbitration or legal proceedings as outlined in Section 12, you agree to engage in a tiered dispute resolution process:
- Internal Review: Submit your dispute to Link My Gear Inc.'s support team at info@linkmygear.com. The support team will respond within 15 business days.
- Mediation: If the dispute is not resolved through internal review, both parties agree to participate in non-binding mediation conducted by a neutral third party in Delaware, with costs shared equally.
- Arbitration or Legal Action: If mediation does not resolve the dispute, either party may proceed as outlined in Section 12.
24. Applicability of GDPR and UK GDPR
Jurisdiction
These provisions apply to Users located in the European Economic Area (EEA), the United Kingdom, or where the GDPR/UK GDPR is otherwise deemed to apply by law.
Data Controller
For personal data processed in connection with the Platform, Devices, and Services, Link My Gear Inc. acts as a "data controller." If you have questions regarding our data controller role, please contact our Privacy Team at info@linkmygear.com.
Legal Bases for Processing
We generally rely on:
- Contractual Necessity: Processing your data to perform our obligations under these Terms (e.g., account creation, device functionality).
- Legitimate Interests: Improving the Platform, preventing fraud, or ensuring security.
- Consent: For certain uses of cookies or marketing communications, if required by local law.
- Legal Obligations: Where processing is necessary to comply with a legal obligation (e.g., responding to lawful requests from public authorities).
Data Subject Rights
Under the GDPR/UK GDPR, you have the following rights (subject to any applicable exceptions):
- Right of Access: To request information about the personal data we hold about you.
- Right to Rectification: To correct or update inaccurate or incomplete personal data.
- Right to Erasure ("Right to Be Forgotten"): To request deletion of your personal data, where there is no overriding legitimate ground to continue processing.
- Right to Restriction of Processing: To ask us to restrict the processing of your personal data in certain circumstances.
- Right to Data Portability: To receive a copy of your personal data in a commonly used, machine-readable format.
- Right to Object: To object to certain processing activities based on our legitimate interests, or to direct marketing communications at any time.
To exercise these rights, contact us at info@linkmygear.com. We will respond within the time frames required by the GDPR/UK GDPR, typically within one (1) month of receiving your request.
International Data Transfers
We are based in the United States. Personal data may be transferred to and processed in the United States or other countries outside the EEA/UK. Where required by law, we use European Commission-approved Standard Contractual Clauses (SCCs) or other legally recognized mechanisms to ensure your personal data is adequately protected when transferred internationally.
Data Retention
We retain personal data as long as necessary to fulfill the purposes outlined in these Terms or our Privacy Policy, unless a longer retention period is required or permitted by law.
Complaints
If you believe that we have infringed your rights under GDPR/UK GDPR, you have the right to lodge a complaint with a supervisory authority in your country of habitual residence, place of work, or place of the alleged infringement. We encourage you to contact us first at info@linkmygear.com so we can address your concerns directly.
Supplemental Terms
These GDPR/UK GDPR provisions supplement, and do not replace, any other privacy-related terms in our Terms of Use or Privacy Policy. If there is a conflict between these GDPR provisions and other sections of the Terms, these GDPR provisions prevail solely to the extent of that conflict for EU/EEA/UK users.
© Link My Gear Inc., 2025. All rights reserved.