Terms of Service - Backlink Gorilla

Last amended: 14 February 2023

THESE TERMS OF SERVICE (THE “TERMS”) GOVERN YOUR ACCESS AND USE OF THE WEBSITE BACKLINKGORILLA.COM (THE “WEBSITE”) AND PURCHASE OF ANY RELATED SERVICES (THE “SERVICES”) (COLLECTIVELY, “BACKLINK GORILLA”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR PURCHASING THE SERVICES. IF YOU DO NOT AGREE WITH ONE OR MORE PROVISIONS OF THE TERMS, PLEASE DO NOT USE BACKLINK GORILLA.

About the Terms

These Terms is a legally binding agreement between an individual user or a business entity (the “User”, “you” and “you”) accessing and using the Website and/or purchasing the Services and the owner and operator of Backlink Gorilla (the “Company”, “we”, and “our”).

If you use Backlink Gorilla and/or accept these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, please do not use Backlink Gorilla and/or accept these Terms on behalf of the entity.

Third parties. These Terms apply to your use of Backlink Gorilla only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for the acts and omissions of third parties, the quality of services provided by third parties, the content uploaded and published by the Users or third parties on the Website, and security and privacy practices deployed by the operators of third- party websites, applications, and services referred to from the Website.

Amendment and termination. We may amend or terminate these Terms at any time and such amendment or termination will be effective at the time we post the amended version of the Terms on the Website and indicate the date of the last amendment. Your continuous use of Backlink Gorilla after the date of the last amendment signifies your acceptance of the revised Terms.

Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

Send you a formal warning;
Temporary suspend the Account (as defined hereunder);
Delete the Account;
Temporarily or permanently prohibit your access to the Services;
Report you to law enforcement authorities; or
Commence a legal action against you.

About Backlink Gorilla

Backlink Gorilla owns and operates the Website that facilitates the provision of the Services, namely, providing backlinks for User’s websites for search engine optimization (SEO) purposes.

Backlink Gorilla should not be accessed and used by persons under the age of 18.

Although we regularly monitor the information available on Backlink Gorilla, we do not guarantee the truthfulness, reliability, currency, relevance, and completeness of all information available on Backlink Gorilla.

Any requests for customer or technical support should be addressed to us by email via the site’s contact page. We will respond to support inquiries without undue delay and no later than 3 to 5 business days.

The Account

To use the full functionality of the Website and access the Services, you have to register a user account on the Website (the “Account”), review and accept these Terms, and review our privacy policy. Upon registration of the Account, you will gain access to your online control panel.

You are solely responsible for (i) maintaining the confidentiality of your username and password and (ii) all statements and acts that occur through your Account.

You agree not to disclose your username and password to anyone. If your password has been stolen, breached or in any way compromised, you agree to contact us immediately.

You are responsible for using secure Internet connection and protected networks when accessing Backlink Gorilla.

We cannot and will not be liable for any loss or damage resulting from your failure to take precautions, as necessary to protect yourself, the Account, and your devices on which you use Backlink Gorilla from viruses, malware, worms, Trojan horses, and other harmful or destructive content.

We may suspend, disable, or delete your Account (or any part thereof) if we have a reason to believe, at our sole discretion, that you have violated any provision of these Terms or that your conduct tends to damage our reputation and goodwill. If we delete your Account for the foregoing reasons, you may not re-register. We may also suspend or terminate the Account upon a lawful request of a public authority.

Acceptable use policy

By using Backlink Gorilla, you acknowledge and agree that:

You will comply with these Terms and all applicable laws.
You will provide only true, accurate, complete, and up-to-date information.
You will register no more than one Account.
You have the necessary authorization and permission to create the Account.
You will not use Backlink Gorilla for any purpose that is illegal, infringing, obscene, abusive, or offensive.
You will not spread malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging.
You will not spread ethnically, racially, or otherwise objectionable information.
You will not copy, distribute, rent, resell, modify, compromise, damage, disable, impair, reverse engineer and overburden Backlink Gorilla.
You will not use bots, scripts, and other automated methods;
You will not collect and disclose any information about the Users of Backlink Gorilla.
You will not divulge, record, or abuse any information pertaining to websites found in our inventory, including but not limited to URLs, descriptions, and images.

You are responsible for any claims resulting from your access to and use of Link- Lifting and you agree to indemnify and hold the Company harmless from and against any and all claims arising from your use of Backlink Gorilla.

If you think that some of the content related to Backlink Gorilla is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately by email using the website contact page. If any content or User is reported as inappropriate, we will immediately delete such content from Backlink Gorilla and investigate the conduct of the reported User.

Services

By accessing and using the Services, you acknowledge and agree to the terms of the Services outlined in this section 5.

The Services shall be delivered to the User remotely through the Internet, subject to the deadlines agreed to by the User and the Company.

The User shall take full responsibility and the Company shall have no liability if the provision of the Services is interrupted or suspended due to User’s failure to provide the requested information, comply with Company’s requests and any provision of these Terms.

To ensure the optimal provision of the Services, the User agrees to follow the information, advice, requirements, and recommendations provided by the Company.

To facilitate the rendering of the Services, the User should submit to the Company materials related to the Services, including, but not limited to, the URLs of User’s websites, keywords and optional promotional materials (together the “Content”). The User agrees not to submit any Content that the User is not authorized to use, or the Content that infringes any applicable laws, international treaties, or regulations.

Backlink Gorilla reserves the right to decline or cancel any Content that is not owned or controlled by the User. Backlink Gorilla reserves the right, in its sole discretion, to refuse to upload, modify, delete, postpone, return, or remove any Content that violates these Terms, Company’s standards, or any applicable laws.

By submitting the Content to the Company, the User grants the Company unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works from, and reproduce the Content for the purposes of providing the Services.

Backlink Gorilla does not have full control over the distributed Content. Should the User request the Company to amend, remove, erase, or cancel any of the Content to be distributed by the Company, the User understands and agrees that some of the Content is distributed on third-party platforms and websites (collectively, the “Third-Party platforms”) and therefore cannot be amended, removed, erased, or canceled due to the circumstances outside the Company’s reasonable control. Backlink Gorilla shall bear no responsibility for the Content that cannot be amended, removed, erased, or canceled on the Third-Party Platforms.

To facilitate the provision of the Services, the User may provide us with keywords predetermined and selected by the User (“Your Keywords”). We shall not be responsible or liable in any manner for the determination of Your Keywords, including research, selection, rankings, or underperformance of Your Keywords.

By providing Your Keywords, you agree to be solely responsible for Your Keywords, including, without limitation, ensuring that (i) Your Keywords are accurate and meet reasonable industry standards, (ii) Your Keywords do not infringe on intellectual property rights of third parties, and (iii) Your Keywords do not infringe any applicable laws.

We exclude all responsibility and liability for Your Keywords.
When providing the Services, we use leased and permanent backlinks. The backlinks are placed on third-party platforms and therefore the Company shall bear no responsibility for the backlinks that are prematurely removed by the Third-Party Platforms.

Although the Company puts reasonable efforts to select the Third-Party Platforms that are relevant to the respective User, the Company does not guarantee the relevance, reliability, and fit for purpose of the selected Third-Party Platforms.

The accuracy of any information provided by the Company in relation to the Services, including, without limitation, reports on Google search results and keyword position reports, (collectively, the “Reports”) can be affected by various factors, such as the time, location, and device used. Although the Company devotes reasonable efforts to ensure the accuracy of the Reports, the User acknowledges and agrees that the Reports may differ from the information available directly to the User.

Backlink sources

For the purpose of providing the Services, our proprietary software leases and buys backlinks from a number of Third-Party Platforms (for example: Sape.ru, Fiverr.com) automatically, both directly and by contracting with third-party backlink providers.

Although our algorithms are created to avoid any potentially harmful and/or illegal websites and the Company’s staff puts reasonable efforts to filter out such websites regularly, it is potentially possible that some of the Third-Party Platforms are inappropriate for leasing or buying backlinks. Backlink Gorilla is not responsible for any possible technical, ranking, or legal issues caused by leasing/buying of such backlinks.

If you ever find any inappropriate Third-Party Platforms or other source websites, please contact our support team to filter out such Third-Party Platforms and websites in your Account or cease their use for the provision of the Services.

Fees & Payments

The Fees. The Services are subject to the applicable service fees (the “Fees”) payable by the User. The schedule of the Fees is available on the Website or communicated to the User personally. The Fees are charged automatically for the actual use of the Services and deducted from User’s balance prepaid in advance, unless canceled earlier by the User. By concluding a service contract with us, the User agrees to pay the Fees in accordance with these Terms, the terms and conditions of the respective Fees, and other terms and conditions in force at the moment the service contract is concluded. The Fees are indicated in US Dollars (USD) and remain valid for as long as (i) they are indicated on the Website, (ii) as communicated by us, or (iii) the User’s service contract lasts. The Fees are subject to change without prior notice. Any changes to the Fees will be made available to the User and, if necessary, we will request the User to provide consent to the amendments of the Fees.

Payments. All payments related to Backlink Gorilla are processed by our third-party payment processor, Stripe (the “Payment Processors”). The Payment Processors may collect some personal data from the User, such as User’s name, credit card number, and billing address, which will allow it to make payments requested by the User. The Payment Processors handle all steps in the payment process through its systems, including data collection and data processing. The User is responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. The User agrees not to hold us liable for payments that do not reach us because the User has quoted incorrect payment information or the Payment Processors refused the payment for any other reason.
Concluding a service contract. The User that would like to conclude a service contract with us needs to: (i) visit the Website; (ii) register the Account by submitting the requested personal data; (iii) choose the Services; (iv) provide the required payment information; and (v) make the upfront payment. The User will be able to identify and correct any input errors prior to clicking on the “Pay” button. After the User clicks on the button “Pay” and the payment is completed, we will send a confirmatory email informing the User about the order. By clicking on the button “Pay” and receiving a confirmatory email, the User concludes a service contract in English with us on the basis of these Terms. The details of the specific service contract will not be filed by us and, therefore, the specific contract will not be available to the User. However, if the User does require any information regarding the order, the User can consult the Account or contact us directly.

Cancellation. The User is entitled to cancel then Services and the Fees related thereto at any time though the Account or by contacting us directly. No Fees paid for the Services provided to the User shall be refunded. After the cancellation of the Services becomes effective, no further Fees shall be charged to the User and the provision of the Services shall cease.

Refunds. The Fees are charged for the Services actually used by the User. Therefore, we do not provide refunds for the Fees paid and the Services provided to the User. In case User’s account received any bonus credits, such credits are not subject to refund, so the bonus credits are deducted before calculating the final refund. Any upfront payments that have not been charged by the Company shall be refunded to the User upon termination of the Account.

If the User is not satisfied with Backlink Gorilla and there is a reason to believe that the quality of the Services is impaired due to our fault, we may, after carefully assessing the issue and in our sole discretion, issue partial or full refunds to the User. The situations in which we may consider issuing refunds include: (i) if the Services are impaired due to technical issues that cannot be solved in a reasonably timely manner; (ii) we materially breach these Terms; or (iii) we fail to provide the Services as agreed to with the User. In order to terminate the service contract and receive a refund, the User must contact us and explain User’s concern in detail. If the User qualifies for a refund, we will issue the refund by using the same payment method that the User used to make the payment.

Privacy

All personal data collected from you shall be processed in accordance with our privacy policy, which explains in detail our practices and procedures pertaining to the processing of your personal data.

Marketing communication. We may send you occasional newsletters. You may opt out of the newsletters at any time by using the “unsubscribe” link at the bottom of the email. We will send you marketing-related communication only if (i) you provide us with your opt-in consent to receive such communication or (ii) we decide to send you marketing messages about our new services that are closely related to the Services already used by you.

Informational notices. After you register the Account, you may receive from us important technical notices about your Account and Backlink Gorilla (the “Notifications”), including low balance notifications, technical or administrative emails, information about your Account, privacy and security, and other important matters, because they are essential for the success of the Services. You cannot opt out of the Notifications.

Disclaimer of Warranties

Backlink services are provided by the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of Backlink Gorilla in terms of its correctness, accuracy, reliability, or otherwise.

Backlink Gorilla shall have no liability for any interruptions in the use of its services.

Backlink Gorilla disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of liability

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE JURISDICTIONS.

Indemnification

The User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of Backlink Gorilla, the violation of these Terms, an infringement by the User or a third party conducted by using User’s computer, of any intellectual property or any other right of any person or entity.

Modifications & Interruption

Backlink Gorilla reserves the right to modify or discontinue service with or without notice to the User. Backlink Gorilla shall not be liable to User or any third party should the Company exercise its right to modify or discontinue service. The User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to Backlink Gorilla and its services.

Intellectual Property

Most of the content made available through Backlink Gorilla is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties.

The User is not allowed, without obtaining prior written authorization from Backlink Gorilla, to:

Distribute our content
Copy our content
Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our content
Rent, loan, use, lease or attempt to grant other rights to Our Content to third parties.

Backlink Gorilla Brand

The User many not use the Backlink Gorilla brand, the trademarks associated with Backlink Gorilla or third-party trademarks with a prior consent of a trademark owner. The User may not use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with the User without obtaining prior written consent from us.

Third-party intellectual property. Some of the trademarks, and other intellectual property featured on the Website may be owned by third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors. You agree not to violate such third-party property. We will not access or use such intellectual property for the purposes other than ensuring the provision of our services through the Website.

These Terms do not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain solely with us or respective third-party proprietors.
Copyright infringement claims. If you have any grounds to believe that any content made available through Backlink Gorilla violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

Disputes

Any dispute relating in any way to your visit to the Platform or our Platform shall be submitted to confidential arbitration in Washington State. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Backlink Gorilla may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Washington State.

Class Action Waiver. You and Backlink Gorilla agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Severability. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Backlink Gorilla are deemed to conflict with each other’s operation, Backlink Gorilla shall have the sole right to elect which provision remains in force.

Non-Waiver. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Assignment and Survival. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.

Termination. You may cancel your Paid Subscription or your account at any time via your Backlink Gorilla dashboard or by using our contact form. Any refunds are subject to the refund terms contained in this Agreement. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or as permitted by the Platform; or (3) if we believe that any of your actions may legally harm Backlink Gorilla or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

Entire Agreement. This Agreement, along with the Privacy Policy, constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.

Amendments. We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.

Electronic Communications. The communications between you and Backlink Gorilla use electronic means, whether you visit the Platform or send Backlink Gorilla e-mails, or whether Backlink Gorilla posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Backlink Gorilla in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Backlink Gorilla provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Backlink Gorilla.

Platform Issues and Support. For answers to questions, help with issues, or troubleshooting assistance with the Platform, please contact us.

California Users. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Backlink Gorilla must be sent to inquiry team via our contact form. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Promotions. The checkout process may feature upsell promotions. These upsell promotions are standalone offers. They cannot be combined with any other offers.

Contact

If you have any questions, suggestions, or concerns about these Terms or your use of Backlink Gorilla, please feel free to contact us.

Email support and our contact form are available here.