THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER IN SECTION 9 BELOW. BY USING LINQ PO, YOU AGREE THAT DISPUTES BETWEEN YOU AND MARCEL X PROPERTY GROUP LLC (DOING BUSINESS AS LINQ PO) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Welcome to Linq pO! The Linq pO app is operated by MARCEL X PROPERTY GROUP LLC (doing business as Linq pO), a Florida limited liability company ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our mobile application, website (linqpo.com), and all related services (collectively, the "Services"). By accessing or using Linq pO, you agree to be bound by these Terms. If you do not agree, do not use our Services.
Linq pO is designed for users 16 years of age and older. By using our Services, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into this agreement. If you are between 16 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We will suspend or terminate your account if we discover you are under 16. Certain features, including advertising content of a restricted nature, may only be available to users 18 years of age or older.
To use Linq pO, you must create an account. When creating an account, you agree to:
You are solely responsible for protecting your account. Linq pO is not liable for unauthorized access if you fail to maintain account security.
You retain all ownership rights to any content you create, upload, post, send, or store through Linq pO ("Your Content"). However, by submitting content to our Services, you grant MARCEL X PROPERTY GROUP LLC and its affiliates a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:
This license continues for a commercially reasonable period after you remove or delete Your Content from the Services, except that content shared with others or incorporated into other parts of the Services may persist.
You agree NOT to use Linq pO to:
Linq pO strictly prohibits the use of artificial intelligence, machine learning, or automated content generation tools to create content on our platform, including:
Allowed AI Uses: Accessibility tools, translation services, grammar checking (clearly labeled), and platform-provided safety tools only.
Violations result in: Content removal, account suspension, or permanent termination.
All users must comply with our Community Guidelines. Violations may result in account suspension or termination.
Spawn credits are a virtual currency used within Linq pO's advertising system to purchase guaranteed bubble appearances ("Spawns") for your advertising campaigns. Spawn credits may be purchased through the Services using approved payment methods.
THERE ARE NO REFUNDS FOR SPAWN CREDITS ONCE ANY AMOUNT OF THE PURCHASED SPAWNS HAS BEEN USED. Once you allocate Spawn credits to a campaign and any portion of those credits has been consumed (i.e., at least one Spawn has been delivered), the entire purchase is final and non-refundable. Unused Spawn credits remain in your account and may be applied to future campaigns. If a campaign is cancelled or rejected by our admin team before any Spawns have been consumed, unused credits will be returned to your Spawn balance (not refunded to your original payment method).
You may cancel a campaign at any time. Ads may continue to run for up to 24 hours after cancellation. You are responsible for all charges incurred before cancellation takes effect.
Linq pO respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable intellectual property laws.
If you believe your copyrighted work has been copied and is accessible on our Services in a way that constitutes copyright infringement, please send a written notice to our designated DMCA agent with the following information:
Send all DMCA notices to our designated agent at:
If you believe your content was removed by mistake or misidentification, you may submit a counter-notification to dmca@linqpo.com with the following:
Linq pO will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers. We may also limit access to the Services and/or terminate accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LINQ PO SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
This Section 9 contains a binding arbitration agreement and a class-action waiver. By agreeing to these Terms, you agree to resolve disputes with MARCEL X PROPERTY GROUP LLC through binding individual arbitration rather than in court, except as stated below.
Before initiating formal dispute resolution, you must first send us a written notice describing the dispute and your proposed resolution to legal@linqpo.com or by mail to MARCEL X PROPERTY GROUP LLC, 1404 E Los Olas Blvd #2061, Fort Lauderdale, FL 33303. We will attempt to resolve the dispute informally within 60 days of receipt of the notice. If the dispute is not resolved within 60 days, either party may proceed to arbitration.
If a dispute cannot be resolved informally, you and MARCEL X PROPERTY GROUP LLC agree that any and all disputes, claims, or controversies (whether contract, tort, statutory, or otherwise), including all claims arising out of or relating to these Terms, the Services, your relationship with us, or the formation, validity, enforceability, or scope of this arbitration agreement, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, if applicable, its Commercial Arbitration Rules. The arbitration shall be conducted by a single neutral arbitrator.
This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and, where applicable, federal arbitration law. The arbitrator shall apply Florida substantive law consistent with the FAA, without regard to principles of conflict of laws.
Arbitration proceedings shall take place in Broward County, Florida. For claims of less than $10,000 USD, the arbitration may be conducted entirely by telephone, online, or based on written submissions at the election of the party initiating the claim. The arbitrator's decision shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AND MARCEL X PROPERTY GROUP LLC AGREE THAT EACH PARTY 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, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If this class-action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and all claims and disputes will be resolved in a court of competent jurisdiction as set forth in Section 9.8.
YOU AND MARCEL X PROPERTY GROUP LLC HEREBY WAIVE ANY RIGHT TO A JURY TRIAL for all disputes, whether resolved in arbitration or in court.
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (c) pursue claims that cannot be arbitrated under applicable law.
You may opt out of this arbitration agreement by sending written notice to legal@linqpo.com within 30 days of first agreeing to these Terms. Your opt-out notice must include your full name, Linq pO username, and a clear statement that you decline the arbitration agreement. If you opt out, all other provisions of these Terms remain in full force and effect.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. To the extent any claim or dispute is not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Broward County, Florida.
This arbitration agreement shall survive termination of your account and/or these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARCEL X PROPERTY GROUP LLC'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
IN NO EVENT SHALL MARCEL X PROPERTY GROUP LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless MARCEL X PROPERTY GROUP LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights, including intellectual property or privacy rights.
If you use Linq pO's advertising services, your use is additionally governed by our Advertiser Terms of Service and Advertising Policies, which are incorporated into these Terms by reference. Advertising on Linq pO is subject to review and approval by our team. We reserve the right to reject, remove, or request modifications to any advertisement at our sole discretion.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Services and updating the "Last Updated" date. Your continued use of Linq pO after modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.
These Terms, together with our Privacy Policy, Community Guidelines, and Advertiser Terms (if applicable), constitute the entire agreement between you and MARCEL X PROPERTY GROUP LLC regarding the use of the Services.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
MARCEL X PROPERTY GROUP LLC may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations under these Terms without our prior written consent.
For questions about these Terms, please contact: