TERMS OF USE & DISCLAIMER

Welcome to Linker, a product by PortfoPlus Limited ("Linker", "we", "us", or "our"). These Terms of Use & Disclaimer ("Terms") govern your access to and use of the Linker website (https://www.linkerid.com), mobile applications, digital business card services using NFC technology, and all related services including communication channels and subscription plans (collectively, the "Services").

Please read these Terms and our Privacy Policy carefully before using Linker. By registering for an account, accessing, or using any part of the Services, you irrevocably agree to be legally bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

We may revise these Terms from time to time. Any updates will be posted on our website or mobile applications and become effective immediately upon posting. Continued use of the Services after such updates constitutes your acceptance of the revised Terms. Significant changes may also be notified via email or in-app alerts where feasible to ensure you are informed.

1. General Rules

By registering for and/or using the Services via our Website or apps, you accept and agree to be bound by these Terms throughout your use of Linker. We reserve the right to modify these Terms or any feature of the Services at any time without prior notice. Such changes will become effective once posted.

You represent and warrant that you are at least 18 years old, or the age of legal majority in your jurisdiction, and that you have the authority to enter into this agreement. Linker is not intended for users under 18. If we become aware of a user under 18, we may terminate the account.

If you register for the Services under a team or enterprise account, you are responsible for ensuring that all users under your account comply with these Terms. You are also liable for any loss incurred by Linker due to a breach by any user under your account.

In some cases, Linker may enter into additional agreements with you (e.g., enterprise service contracts). In the event of any conflict between such agreements and these Terms, the specific agreement shall prevail.

2. Use of Services

As a registered user, you are authorized to use Linker to create, edit, and share personalized digital business cards. You may use the Services for both personal and commercial purposes.

By using Linker, you authorize us to collect and use your submitted data (e.g., name, contact info, occupation, interests, social links, etc.) for the purposes of enabling NFC-based sharing, digital card generation, and contact management.

You agree NOT to:

• Violate any applicable laws or regulations
• Impersonate others or misrepresent your identity
• Upload or share inappropriate, offensive, defamatory, or illegal content (e.g., content promoting hate speech or violence)
• Spam or harass other users
• Reverse-engineer, copy, or resell any part of the Services without our consent

We reserve the right to suspend or terminate your account if we believe you have violated these Terms.

3. Content and User Submissions

The content of the Services, including but not limited to text, images, logos, page-turning layouts, and digital card designs (collectively, "Content"), is protected by copyright and other intellectual property laws in Hong Kong and internationally. All rights are owned or controlled by Linker.

You may not copy, reproduce, distribute, publish, or commercially exploit any part of the Services or Content without our prior written consent.

You may upload or input your own content ("User Content") such as profile photos, bios, or custom tags. You retain ownership of your User Content, but by submitting it to Linker, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and share it within the scope of the Services.

We reserve the right to remove or disable access to any User Content that violates these Terms or applicable laws.

4. Subscription Plans & Payment

Linker offers multiple subscription plans, including a Freemium (Free) version, Premium (Pro) version, and Enterprise Plans. These plans are accessible through our Website or mobile applications.

We reserve the right to charge fees for certain features, and to change pricing at any time.

Payment Terms:

• Payments are processed securely via third-party platforms (e.g., Stripe, Apple Pay, Google Pay).
• All fees are charged in Hong Kong Dollars (HKD) unless otherwise stated.
• Subscription plans may be billed on a monthly, annual, or one-time basis depending on your selected plan.
• If you elect to pay by credit card, you authorize Linker to automatically charge your card for renewal or continuation of your subscription, using the payment information previously provided. Additional fees or charges may apply in accordance with your selected plan, upgrades, or applicable taxes.

Refund Policy: All payments are non-refundable, including for partial usage or early cancellation, except where required by applicable law.

5. Sharing & NFC Functionality

You may share your digital card via hyperlink or NFC-enabled physical cards. When tapped or opened, your public profile is displayed in the recipient's browser.

You are solely responsible for what or who you choose to share. Linker is not liable for how others use or store your shared information.

6. AI-Enhanced Features

Certain features (e.g., smart tag suggestions, usage analytics) are powered by third-party artificial intelligence (AI) services such as Microsoft Azure OpenAI, Google Gemini, or others.

These features may process your voice inputs, profile data, or interaction logs to provide suggestions or insights. AI-generated outputs are for reference only and do not constitute professional advice. For details on data processing by AI providers, please refer to our Privacy Policy.

Please do not input sensitive personal data (e.g., ID numbers, financial info) into AI features. These features are intended for general business use only.

We do not sell your data or use it for third-party advertising.

Linker is not liable for any inaccuracies, misinterpretations, or outcomes resulting from AI-generated suggestions.

7. Representations and Warranties

Upon registering for or using the Services, you may be asked to provide personal data as defined in the Personal Data (Privacy) Ordinance (Cap.486) of Hong Kong. You may decline to provide such data, but we reserve the right to refuse service in that case.

You represent, warrant, and agree that:

• All personal data and information provided to us is accurate and up to date, and you will promptly update it if changes occur.
• You authorize us and third parties involved in operating the Services to transmit, store, and use your data in connection with providing the Services.
• You will keep your account credentials secure and not share them with others.

8. Disclaimers

We do not guarantee that the Services will be uninterrupted or error-free.

We are not responsible for:

• Content accuracy or completeness
• Third-party services (e.g., Stripe, AI providers)
• Viruses or malware from downloads
• User-generated content
• Any advice or decisions made based on AI suggestions

You use the Services at your own risk.

9. Data & Privacy

We are committed to protecting your personal data. All personal information collected through the Services is handled in accordance with our Privacy Policy.

By using Linker, you agree that:

• We may collect and process your data for service improvement and personalization
• AI and analytics features may involve your data being processed by third parties
• We implement security measures, but you use the Services at your own risk
• You are responsible for securing your login credentials. We use encryption and other safeguards, but cannot guarantee absolute security.

10. Access to Other Links

We may link to third-party websites. We are not responsible for their content, availability, or security.

11. Communications Between PortfoPlus and Users

Unless you opt out during registration, PortfoPlus may allow third-party vendors to send you promotional information.

You agree that we may contact you via email or digital notifications to inform you of updates to these Terms or the Services.

Cookies may be used to enhance your experience. You may configure your browser to alert you when cookies are used.

We may also collect anonymous usage data and demographics for analytics purposes, in accordance with the Personal Data (Privacy) Ordinance.

12. Suspension and Termination

Linker may suspend or deactivate the Services for maintenance, upgrades, testing, or violations of these Terms. If your account is suspended or terminated for a violation, we will notify you of the reason where feasible via email or whatsapp, and you may contact us at hello@portfoplus.com for inquiries or appeals.

You may cancel your subscription at any time via the account settings on our Website. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• No refunds will be issued for unused portions.
• We may retain data for legal or audit purposes after termination.

13. Limitation of Liability

To the fullest extent permitted by law, we are not liable for indirect or consequential damages (e.g., loss of data, revenue, or reputation).

We are not liable for damages arising from third-party services (e.g., Stripe, AI providers). However, we will assist in redirecting complaints to relevant third-party providers where possible to facilitate resolution.

Our total liability is limited to the amount you paid in the 12 months before the claim.

14. Third Party Rights

No person other than the parties to this agreement shall have any rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of this agreement.

15. General Provisions

PortfoPlus may assign, transfer, subcontract, or license its rights and obligations under these Terms to any third party at its sole discretion.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any disputes shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.