LiKE Beta Testing Program Agreement
Effective Date
July 9, 2026
Preamble
This Beta Testing Program Agreement (the "Agreement") is an addendum to the LiKE User Agreement between you or your entity ("You") and Lynkora DOO Beograd ("Lynkora", "we"), registered in the Republic of Serbia (tax id PIB 115706177, company reg. no. MB 22195689). By participating in the LiKE Beta Program ("Beta"), You agree to both the User Agreement and this Agreement. In case of conflict, this Agreement prevails for Beta-related matters.
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1. Beta Program Scope
1.1. Definition
The LiKE Beta Program is a limited-access pre-release program during which You may use the LiKE Service ("Service") free of charge for evaluation, feedback, and non-production use. The Beta includes features that may be experimental, incomplete, or subject to change or removal.
A "Tenant" means the dedicated workspace of Your organization (or Your personal workspace) within the Service, created upon registration and identified by an address (subdomain) allocated by Lynkora. The subdomain remains part of Lynkora's domain and is provided for use with the Service for the duration of Your participation or subscription — it is not transferred or sold, and no rights to it are acquired by You; Lynkora may change or reclaim it in accordance with this Agreement and its naming policies. A Tenant includes its users, content, and settings. All rights and limits under this Agreement (including the Beta plan limits and LiKE Pioneer status) apply per Tenant, not per individual user, unless expressly stated otherwise. A single account may hold multiple Tenants; each Tenant is a separate billing unit and is charged separately (during the Beta, access is free; billing applies upon transition to a paid tier).
The Service is designed and offered for business and professional use. If You nevertheless use the Service as a consumer, Your mandatory statutory consumer rights apply notwithstanding anything to the contrary in this Agreement, and the consumer-specific provisions of this Agreement (Sections 7.5, 8.4, 9.1, 11.2) apply to You.
1.2. Beta Period
The Beta Program is expected to begin on or around July 15, 2026 and continue until Public Release, unless terminated earlier or extended by Lynkora at its sole discretion. Lynkora will provide at least ten (10) days' notice before ending the Beta and transitioning to paid tiers ("Public Release").
1.3. Non-Production Use
The Beta is intended for evaluation and testing. You acknowledge that the Service during the Beta:
- May have bugs, inaccuracies, and performance issues
- May be temporarily unavailable
- May experience data loss (although we make best efforts to prevent it)
- Should not be relied upon for mission-critical operations
You are responsible for maintaining your own backups of data critical to your operations.
During the Beta, You should avoid uploading special categories of personal data (health, biometric, and similar) or data subject to sector-specific regulation (e.g., patient records, full payment card data) unless You have verified that Your regulatory obligations permit processing in a pre-release environment. Section 8 of the User Agreement (acceptable use, including the prohibition on full card data) applies in full.
1.4. Beta Feature Modification and Removal
Lynkora may disable, suspend, modify, add, or remove any Beta feature at any time without prior notice. This includes changing user interfaces, adjusting AI model behavior, altering API endpoints, and revising Beta plan limits. Features available during the Beta may or may not be included in Public Release, and their inclusion, pricing, or plan assignment at Public Release is at Lynkora's sole discretion.
1.5. Acceptable Use During Beta
In addition to the acceptable use terms of the User Agreement, during the Beta You shall not:
- Reverse engineer, decompile, or attempt to extract the source code, models, or prompts of the Service, except to the extent such restriction is prohibited by applicable law
- Perform security testing, penetration testing, or vulnerability scanning without Lynkora's prior written consent (responsible disclosure reports to [email protected] are welcome)
- Publish or disclose benchmarks, performance comparisons, or availability statistics of the Service without Lynkora's prior written consent
- Use automated scraping or bulk extraction of Service data other than through built-in export functions or documented APIs
- Resell, sublicense, or provide access to the Beta to third parties outside Your Tenant
- Use Beta Confidential Information (as defined in Section 4.1) to develop, or assist in developing, a competing product or service. For clarity, this does not restrict You from independently developing or working on similar or competing products without use of Beta Confidential Information
- Circumvent Beta limits or eligibility conditions — including by creating multiple accounts for the same organization or person, or by intentionally creating Tenants solely to bypass free-tier limits or obtain the LiKE Pioneer status multiple times. Legitimate use of multiple Tenants under a single account is permitted (see the User Agreement); each Tenant is metered and billed separately
Violation of this Section may result in immediate suspension or termination under Section 9.1 and revocation of LiKE Pioneer status under Section 2.3.
1.6. Public Content, Widget, Integrations, and API
The Service allows You to publish knowledge base content publicly and to deploy the LiKE widget, integrations (e.g., Slack, Telegram), and APIs on Your own websites and channels. During the Beta:
- Your content, Your responsibility. You are solely responsible for content You choose to make public (including its legality, accuracy, and IP clearance) and for compliance with laws applicable to Your audience. Lynkora hosts and transmits Your content but does not pre-moderate it.
- Unlawful public content. Lynkora does not pre-moderate and does not review Your private content. However, with respect to content You have made public (public knowledge base, widget, integrations, public AI answers), Lynkora may reactively — upon a substantiated complaint, rightsholder notice, or order of a competent authority — remove, disable, or restrict access to material that it reasonably believes is unlawful or violates the User Agreement, upon notice to You where practicable, and in compliance with applicable notice-and-action procedures.
- Public AI answers. AI-generated answers served through Your public knowledge base, widget, or integrations are generated from Your content at Your configuration and are provided to Your audience under Your control (under the AI Act, You act as the deployer of the AI system); Sections 6.1–6.4 (AI disclaimers, transparency) apply in full to such public outputs.
- Rate limits and abuse. Widget, integration, and API traffic is subject to fair-use rate limits, which Lynkora may adjust during the Beta to protect the Service. Circumventing rate limits or using the API in a manner that degrades the Service is a violation of Section 1.5.
- Search engine indexing. Whether Your public knowledge base is indexable by search engines is controlled by Your settings; You are responsible for what You expose. Lynkora does not guarantee inclusion in, exclusion from, or removal of content from third-party search engines' indexes and caches.
The features above are available to the extent included in Your Beta plan (see Your plan card).
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2. Access, Pricing, and LiKE Pioneer Benefits
2.1. Free Access During Beta
Access to the Service during the Beta is provided free of charge, without requiring credit card or payment information. No billing will occur during the Beta period.
2.2. Beta Scope
During the Beta, You are provided free access to the Service under the "Beta" plan: a feature set substantially similar to that of the Pro plan as offered at the time of the Beta, with Beta-specific limits (including Beta-specific AI token limits). The current limits and available functionality (users, AI tokens, articles, storage, data sources, features) are listed on the Beta page (/beta.html) and in Your plan card within the Service interface; they are derived from the plan card in effect at the time. Individual features may be experimental and may change or be removed (Section 1.4); the composition of paid plans at Public Release may differ (Sections 1.4, 7.6). We will notify You of any reduction of limits in accordance with Section 12.1. Documentation, help materials, the Beta page, and the plan card are provided for informational purposes and may contain inaccuracies or become outdated; in the event of a conflict, the actual behavior of the Service prevails, and You should not rely solely on the documentation.
2.3. LiKE Pioneer Program
The first fifty (50) qualifying Tenants — each being a team or an individual user, as defined below in this Section — that join the Beta Program ("LiKE Pioneers") are eligible for the LiKE Pioneer Benefit: a continuing thirty percent (30%) discount applicable on any paid tier upon transition to Public Release, for as long as the qualifying tenant maintains an active subscription, subject to the following conditions:
Clarification of "LiKE Pioneer" designation: The term "LiKE Pioneer" refers exclusively to a customer loyalty status granted under this Beta Program. It is a designation applied to certain qualifying customer accounts and reflects the customer's early adoption status. It does not confer, grant, or imply: (i) any ownership interest, equity, shares, or economic participation in Lynkora DOO Beograd or its affiliates; (ii) any voting rights, board representation, or decision-making authority in Lynkora's business; (iii) any employment, partnership, joint venture, agency, or fiduciary relationship with Lynkora; or (iv) any legal or business relationship with Lynkora beyond that of a paying or prospective paying customer under this Agreement and the User Agreement. "LiKE Pioneer" is a marketing and pricing designation only.
- LiKE Pioneer status is granted in the order of completed activation (see the "qualifying Tenant" definition below), based on the activation timestamp; registration alone does not reserve a slot; Lynkora's records are authoritative
- LiKE Pioneer Benefit applies only during continuous subscription; interruption longer than sixty (60) days may terminate the benefit
- LiKE Pioneer Benefit is non-transferable, applies only to the original tenant, and does not extend to affiliated entities without written approval
- LiKE Pioneer Benefit does not apply to add-ons (e.g., extra tokens, extra storage) unless explicitly stated
- LiKE Pioneer Benefit is compatible with annual billing discount (both may apply cumulatively) — annual billing is a commitment-based pricing structure, not a promotional discount
- LiKE Pioneer Benefit does NOT stack with any other discounts, including but not limited to: promotional codes, partner/ambassador codes (protocols), referral rewards, seasonal campaigns, loyalty tenure benefits, reactivation offers, or one-time incentive programs. If a customer is eligible for multiple discounts, only the largest single applicable discount (excluding LiKE Pioneer Benefit + annual billing, which stack as noted above) will apply
- Add-on discounts, seat volume tiers, or promotional pricing for specific features are applied independently and do not stack with the LiKE Pioneer Benefit
- The LiKE Pioneer Benefit is a percentage discount applied to Lynkora's then-current list prices; it is not a price freeze or guarantee of any specific price level, plan structure, or feature set
- A "qualifying Tenant" (whether a team or an individual user) is a Tenant that has completed activation within seventy-two (72) hours of registration: (i) the owner's email address is verified, and (ii) at least one of the following is done: (a) an article containing at least 1,000 characters of substantive text is created or imported, or (b) an external data connector is connected and its initial synchronization has completed with at least one document received. Duplicate, fraudulent, or artificially created tenants, and tenants gaming the activation criteria, do not qualify
- Lynkora may revoke LiKE Pioneer status in case of material breach of the User Agreement or this Agreement (including Section 1.5 Acceptable Use), abuse, or attempts to game eligibility conditions
- Inactivity during the Beta: Lynkora may (but is not obliged to) revoke LiKE Pioneer status for sustained inactivity during the Beta Period — fewer than five (5) sign-ins to the Service over the Beta Period and/or no article creation or editing activity for thirty (30) or more consecutive days. Revocation for inactivity applies only during the Beta Period (never after conversion to a paid subscription) and only after at least seven (7) days' advance notice giving You an opportunity to resume activity
- Program size: Lynkora may, at its sole discretion, increase the number of LiKE Pioneer slots beyond fifty (50); such an increase does not affect statuses already granted
2.4. Post-Beta Conversion
At the end of the Beta Period, You may:
- (a) Convert to a paid subscription and continue using the Service (LiKE Pioneers: at LiKE Pioneer Discount)
- (b) Continue on the Free tier if it is available and Your usage fits its limits
- (c) Export Your data and terminate
Lynkora will notify You at least ten (10) days before the Beta ends with instructions for each option. Absent explicit conversion action, Your Beta access will transition to Free tier or terminate; You will not be billed automatically without express consent.
2.5. Merchant of Record for Post-Beta Billing
Upon transition to a paid tier, billing will be processed by Lynkora or its designated Merchant of Record or payment processor. The applicable billing entity handles VAT/GST collection, tax remittance, and payment processing in accordance with the terms and privacy policies applicable at the time. The identity of the current Merchant of Record or payment processor is disclosed in the Billing Terms at the time of purchase, and the descriptor on Your payment statement may show the Merchant of Record's name rather than "Lynkora". LiKE Pioneer discounts are honored regardless of any change in billing entity, payment processor, or Merchant of Record.
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3. Feedback and Improvements
3.1. Feedback License
You are encouraged (but not required) to provide feedback about the Service ("Feedback"), including bug reports, feature requests, suggestions, and general comments. By providing Feedback, You grant Lynkora a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, modify, and incorporate the Feedback into the Service or Lynkora's other products, without attribution or compensation. To the extent permitted by applicable law, You waive any moral rights in the Feedback. You represent that Your Feedback does not contain third-party confidential information or intellectual property You are not entitled to share. Lynkora has no obligation to use, implement, or respond to any Feedback.
3.2. No Confidential Feedback
You should not include confidential information in Feedback. Feedback will be treated as non-confidential and non-proprietary.
3.3. Data Analytics for Improvement
During the Beta, Lynkora may collect anonymized usage analytics (feature use, performance metrics, error rates) to improve the Service. Personal data is handled per Lynkora's Privacy Policy. You may request restriction of non-essential analytics by contacting [email protected], understanding this may limit our ability to help You during the Beta.
3.4. Independent Development
You acknowledge that Lynkora may currently or in the future independently develop, or acquire, products, features, or ideas that are similar to or compete with concepts contained in Your Feedback. Nothing in this Agreement restricts Lynkora's right to develop such products or features without obligation or compensation to You, provided Lynkora does not use Your confidential content (as opposed to Feedback) in violation of the User Agreement. To the maximum extent permitted by applicable law, You agree not to assert against Lynkora any intellectual property claims (including patent or copyright claims) based on Lynkora's use of Your Feedback or on Lynkora's development of products or features similar to concepts contained in Your Feedback — including where Your Feedback describes Your own workflows or business processes. For clarity, this waiver applies to Feedback only and does not grant Lynkora any rights to Your Content.
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4. Confidentiality
4.1. Beta Confidentiality
During the Beta, You may have access to features, roadmaps, or information marked as confidential or non-public ("Beta Confidential Information"). You agree to:
- Not publicly disclose Beta Confidential Information without our written consent
- Not share screenshots or details of unreleased features publicly (social media, blog posts, press) without prior discussion
- Not use Beta Confidential Information for competitive analysis or to build competing products
4.2. Permitted Public Discussion
Notwithstanding Section 4.1, You may:
- Discuss Your general experience with LiKE publicly (positive or negative)
- Share Your own content stored in LiKE
- Mention that You are a Beta participant
- Post screenshots of Your own workspace that do not reveal unreleased features
4.3. Duration of Confidentiality
Confidentiality obligations under Section 4.1 continue for two (2) years from the end of the Beta Period, or until the Beta Confidential Information becomes publicly available through no fault of Yours, whichever is earlier. With respect to information constituting a trade secret, the confidentiality obligations remain in effect for as long as such information retains its trade secret status.
4.4. Return or Destruction
Upon termination of Your Beta participation or upon Lynkora's written request, You will cease using Beta Confidential Information and, at Lynkora's choice, return or destroy it (except copies in routine backups, which remain protected by this Section until deleted per backup cycles), and confirm this in writing if requested. This Section does not apply to Your own content and data.
4.5. Injunctive Relief
You acknowledge that unauthorized disclosure of Beta Confidential Information may cause irreparable harm to Lynkora for which monetary damages would be an inadequate remedy. Lynkora is entitled to seek injunctive or other equitable relief in addition to any other remedies available at law, without the requirement to post a bond.
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5. Data Handling During Beta
5.1. GDPR Compliance
Notwithstanding the "AS-IS" nature of the Beta, Lynkora processes personal data during the Beta Period in accordance with the GDPR and its Privacy Policy. In particular:
- Data subject rights (access, rectification, deletion, portability, restriction) are honored per the Privacy Policy
- Privacy Policy applies without modification
- Data residency: EU (OVH Frankfurt/Gravelines)
5.2. Backup and Recovery During Beta
While we operate daily backups and infrastructure-grade redundancy (see our Privacy Policy for details), during the Beta:
- SLA and recovery commitments applicable to paid tiers (if and when such commitments are established) do not apply to the Beta
- Individual data recovery requests are handled on a best-effort basis, without SLA
- Catastrophic data loss (though unlikely) is a risk of Beta participation
We strongly recommend You maintain independent backups of critical data.
5.3. Data Export
At any time, You may export Your data via built-in export functions (articles, media, metadata). Data export in machine-readable formats will remain available for at least sixty (60) days after Beta termination or Your account closure.
5.4. Data Deletion
Deletion follows three tracks:
- Personal data (privacy law): upon Your request or account termination, Lynkora will delete or anonymize Your personal data within thirty (30) days, except where retention is required by law or for establishment, exercise, or defense of legal claims.
- Customer content and exportable data: deleted after account closure or completion of a switching process, upon expiry of the data retrieval period under Section 5.3 (sixty (60) days).
- Backups: deleted according to the backup rotation lifecycle (not immediately upon request — typically up to thirty (30) days); backups are encrypted and are not used to restore deleted accounts except for disaster recovery. After any restore from a backup, Lynkora applies automated measures to re-delete data previously deleted upon Your request or account closure, based on an internal deletion registry.
- Lynkora's own records: regardless of the deletion of Your Content, Lynkora may retain its own account, billing, and audit records, as well as evidence of Your acceptance of the User Agreement and this Agreement, to the extent permitted by applicable law — including for the establishment, exercise, or defense of legal claims (GDPR Art. 17(3)).
5.5. No Export Format Guarantee
Export formats, file structures, API responses, and data schemas may change during the Beta without prior notice. If You develop integrations, scripts, or third-party tools that rely on specific formats or schemas, You do so at Your own risk. Lynkora is not liable for integrations broken by Beta changes and does not guarantee backwards compatibility during the Beta Period.
5.6. Security During Beta
While Lynkora applies commercially reasonable security measures during the Beta (including TLS transport encryption, encrypted backups, and multi-tenant (cross-tenant) data isolation), the Service during the Beta may not include all security controls, audits, or hardening measures planned for the Public Release. No payment card data is collected or processed during the Beta; upon Public Release, payment card data, if any, will be processed by the designated payment providers or Merchant of Record (Section 2.5). Enterprise-grade features such as advanced audit logging, SSO SAML, and formal security certifications (e.g., SOC 2, ISO 27001) may become available only in later releases. Data protection under applicable law (including GDPR) remains fully in force during the Beta.
5.7. Statutory Rights Unaffected (incl. EU Data Act)
Nothing in this Agreement (including Section 5.5) limits any non-waivable statutory rights You may have under applicable law, including, where applicable to You, switching, data portability, and export rights under Regulation (EU) 2023/2854 (the "Data Act") and data subject rights under the GDPR. Section 5.5 applies only to the extent consistent with such mandatory rights.
For customers in scope of the Data Act, the following applies to switching and export:
- Exportable data includes Your input and output data: articles (including version content You can access), uploaded media files, article and collection metadata, users list, and knowledge base structure. Exportable data does not include Lynkora's trade secrets, internal model configurations, prompts, embeddings, or derived service telemetry.
- Method: built-in export functions, provided free of charge; data is delivered as a single ZIP archive containing articles in Markdown (.md) format and media files in their original formats. Notwithstanding the use of commonly used formats, Lynkora does not guarantee that the export structure will be directly compatible with the import requirements of any particular other service provider; this does not limit Your mandatory rights under the Data Act to receive data in a machine-readable format.
- Timelines: You may request export or a data retrieval for switching with notice as provided by the Data Act (maximum notice period two months); the retrieval period is at least sixty (60) days (Section 5.3).
- Erasure after switching: upon completion of the switching process or expiry of the retrieval period, Your exportable data and digital assets will be erased in accordance with Section 5.4.
5.8. Responsible Vulnerability Disclosure
If You discover a potential security vulnerability, please report it to [email protected] with reasonable detail. We commit to acknowledging good-faith reports and keeping You informed of remediation where appropriate.
Safe harbor: Lynkora will not initiate legal action against You for good-faith security research that complies with ALL of the following: (a) access only Your own Tenant's data — never access, modify, or delete data of other tenants or users; (b) no service disruption (no DoS, load, or stress testing); (c) no data exfiltration beyond the minimum needed to demonstrate the issue; (d) stop immediately and report once a vulnerability is confirmed; (e) no public disclosure before Lynkora confirms remediation or ninety (90) days pass since the report, whichever is earlier, unless otherwise agreed; (f) no social engineering, phishing, or physical attacks.
Active penetration testing beyond the scope above still requires prior written consent (Section 1.5). No bug bounty or monetary reward is offered unless expressly stated in a separate published program.
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6. AI Features Disclaimer
6.1. AI Output "As-Is"
LiKE uses AI models provided by OpenAI and/or other third-party AI providers selected by Lynkora from time to time to generate answers, summarize content, and, where available, transcribe audio. AI outputs may:
- Contain inaccuracies, omissions, or hallucinations
- Not reflect Your intent or the source material accurately
- Vary in quality based on model version, provider status, and input quality
You are responsible for verifying AI outputs before relying on them. Lynkora is not liable for actions taken based on AI outputs.
6.2. Audio Transcription Accuracy
Where audio transcription features are offered, voice-to-article transcription accuracy varies by language, accent, audio quality, and content. Transcription is not certified for legal or medical documentation purposes.
6.3. AI Data Processing
During the Beta, Your content sent to AI models is processed per the applicable provider's data handling policies (e.g., the applicable OpenAI Data Processing Addendum). Lynkora does not permit third-party AI providers to use Your content to train their models, except where separately disclosed to You or agreed with You. See Privacy Policy for the current list of providers and details.
6.4. AI Transparency (EU AI Act)
The Service identifies AI-generated answers and AI features in its interface and, where required by Regulation (EU) 2024/1689 (the "AI Act", including Article 50, applicable from 2 August 2026), marks AI-generated content accordingly. If You publish, distribute, or otherwise deploy AI-generated content obtained from the Service outside the Service (including deep fakes or text published to inform the public), You are responsible for any disclosure, labeling, or other deployer obligations applicable to You under the AI Act or other applicable law. You shall not remove or obscure AI-content markings applied by the Service where such markings are required by law.
6.5. No Professional Advice; No High-Risk Use
AI-generated answers are informational outputs derived from Your knowledge base. They do not constitute professional advice (legal, medical, financial, tax, safety, or other regulated advice), even where Your knowledge base contains such subject matter (e.g., HR policies, medical guidelines, legal or financial documentation). You shall not use the Service as the sole or decisive basis for decisions producing legal or similarly significant effects on individuals — including employment, medical, credit, insurance, or legal determinations — or for any use classified as high-risk under the AI Act; such use of the Service is not permitted. A qualified human must review any AI output before it is relied upon in any significant context.
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7. Warranties Disclaimer
7.1. AS-IS Beta
THE SERVICE DURING THE BETA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR ERROR-FREE OPERATION.
7.2. No Uptime SLA
There is no Service Level Agreement (SLA) for uptime, response time, or availability during the Beta. Lynkora will make commercially reasonable efforts to maintain availability but does not commit to specific uptime percentages.
7.3. No Roadmap Commitments
Any statements about future features, timelines, or plans discussed during the Beta are not binding commitments. Lynkora reserves the right to add, modify, delay, or remove features without prior notice.
7.4. Beta Support
Support during the Beta is provided on a best-effort basis. Response times, resolution times, and support channels are not guaranteed. Lynkora may provide support via email ([email protected]), in-app messaging, community channels, or other means at its discretion. No dedicated account manager, phone support, or service level commitments apply during the Beta. Support obligations applicable to paid tiers do not apply to Beta participants.
7.5. Express Acceptance of Beta Deviations (EU Consumers)
If You are a consumer in the EU/EEA, You retain Your statutory conformity rights under Directive (EU) 2019/770 as implemented in Your country. However, by expressly and separately accepting this Agreement at Beta activation, You acknowledge and expressly accept that, as specific deviations from objective conformity requirements, the Service during the Beta: (a) carries no uptime or availability commitment; (b) may contain bugs and experimental features that may change or be removed; (c) carries a risk of data loss despite backups; and (d) is supported on a best-effort basis only. These deviations were specifically brought to Your attention before activation.
7.6. No Reliance on Future Functionality
You acknowledge that You have not entered into this Agreement in reliance on, and shall have no remedy in respect of, any statement, demo, roadmap, presentation, or representation regarding future features, performance, availability, or plans of the Service, whether made by Lynkora, its founders, employees, or representatives, except as expressly set out in this Agreement. Your participation decision is based on the Service as currently provided. Nothing in this Section limits or excludes liability for fraud or fraudulent misrepresentation, or affects Your mandatory statutory consumer rights.
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8. Limitation of Liability
8.1. Beta-Specific Cap
NOTWITHSTANDING ANY OTHER LIMITATION IN THE MAIN ToS, LYNKORA'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE BETA PROGRAM IS LIMITED TO THE GREATER OF: (a) ONE HUNDRED EUROS (€100), OR (b) THE AMOUNTS YOU HAVE PAID TO LYNKORA FOR THE SERVICE DURING THE BETA PERIOD. BECAUSE THE BETA IS FREE OF CHARGE, THE EFFECTIVE CAP IS €100.
8.2. Exclusion of Consequential Damages
Lynkora is not liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost data, business interruption, or loss of goodwill, whether arising from breach of contract, tort, or any other legal theory.
8.3. Jurisdictional Requirements
Some jurisdictions do not allow limitation of liability. In such jurisdictions, Lynkora's liability is limited to the maximum extent permitted by law.
8.4. Exceptions to Limitations
Nothing in this Agreement excludes or limits Lynkora's liability for: (a) willful misconduct or gross negligence; (b) death or personal injury caused by its negligence; (c) fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited under applicable mandatory law, including non-waivable consumer rights. The limitations in Sections 8.1 and 8.2 apply to the maximum extent permitted by applicable law and are intended to be severable and enforceable to that extent.
8.5. Indemnification by You
If You are a business customer, You will defend, indemnify, and hold harmless Lynkora, its affiliates, officers, and employees from and against third-party claims, damages, and reasonable costs (including legal fees) arising from: (a) content You upload to or process through the Service, including claims of intellectual property infringement or unlawful content; (b) Your use of the Service in violation of the User Agreement, this Agreement, or applicable law; or (c) Your deployment or publication of AI-generated content outside the Service in violation of Section 6.4. Lynkora will promptly notify You of any such claim and reasonably cooperate at Your expense. This Section does not apply to consumers to the extent prohibited by applicable consumer protection law.
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9. Termination
9.1. Termination by Lynkora
For business customers, where legally permitted, Lynkora may terminate Your Beta access at any time; where practicable, Lynkora will provide advance notice. Reasons may include:
- Beta program ending
- Violation of User Agreement or this Agreement
- Suspected abuse or misuse of the Service
- Business or legal reasons
Lynkora may also suspend Your access immediately, without prior notice, where reasonably necessary to address a security risk, suspected abuse, legal requirement, or harm to the Service or other users; Lynkora will notify You of the suspension and its reasons without undue delay. If You are a consumer in the EU/EEA, termination without cause will be made with at least fifteen (15) days' notice; immediate termination remains available for material breach, security, or legal reasons.
Upon termination, You will have at least sixty (60) days to export Your data (Section 5.3).
9.2. Termination by You
You may leave the Beta at any time by closing Your account in Service settings or by contacting [email protected]. Your data will be handled per Section 5.3 (export) and 5.4 (deletion).
9.3. Survival
The following sections survive termination: Section 3 (Feedback and Improvements, including Independent Development), Section 4 (Confidentiality and Injunctive Relief), Section 5.4 (Data Deletion), Section 5.7 (Statutory Rights), Section 7 (Warranties Disclaimer, No Reliance), Section 8 (Limitation of Liability and Indemnification), Section 11 (Applicable Law and Disputes), Section 12 (Miscellaneous).
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10. Public References
10.1. Beta Participant Reference
With Your explicit consent (opt-in), Lynkora may reference You or Your organization as a Beta participant in marketing materials, including:
- Logo on "Trusted by beta partners" section of website
- Case study (subject to separate case study agreement)
- Testimonial with attribution
Consent may be granted via account settings, email confirmation, or signed marketing consent form.
10.2. Withdrawal of Consent
You may withdraw marketing consent at any time by contacting [email protected]. Withdrawn consent applies prospectively; existing published materials will be updated in a reasonable timeframe (typically 30 days).
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11. Applicable Law and Disputes
11.1. Governing Law
This Agreement is governed by the laws of the Republic of Serbia. GDPR, applicable EU privacy laws, and national data protection laws of Your jurisdiction apply where mandatory.
11.2. Dispute Resolution
For consumers in the EU/EEA:
- You may bring claims in Your country of residence
- You may use applicable consumer redress mechanisms, including alternative dispute resolution (ADR) bodies competent in Your country of residence
For business customers:
- Disputes shall be resolved by the courts of Belgrade, Republic of Serbia
- For business customers domiciled in the United States, the binding arbitration provisions of the User Agreement (Dispute Resolution — US Business Customers) apply in full to Beta-related disputes, including the pre-arbitration notice requirement (condition precedent), delegation to the arbitrator, the prohibition of class arbitration, the JAMS Mass Arbitration Procedures with staged bellwether process, the jury trial waiver, and the twelve (12) month time limit for business claims
- The User Agreement provisions on the time limit for claims (business customers) apply to disputes under this Agreement as well
- Parties agree to attempt good-faith negotiation for at least thirty (30) days before litigation; for business customers domiciled in the United States, the 60-day pre-arbitration notice from the User Agreement applies (as set out above in this Section)
11.3. Individual Basis of Disputes
To the maximum extent permitted by applicable law, disputes under this Agreement shall be brought and resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. This Section does not apply where such waiver is prohibited by applicable law, including for consumers in the EU/EEA with respect to representative actions under Directive (EU) 2020/1828.
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12. Miscellaneous
12.1. Amendment
Lynkora may amend this Agreement with fifteen (15) days' notice via email or in-app notification (the shortened Beta-period notice; after Public Release the standard 30-day notice of the User Agreement (§14) applies to amendments of the User Agreement); where an amendment is required by law or addresses a critical security or compliance matter, a shorter reasonable notice may apply, with the reason stated. Continued use after the notice period constitutes acceptance. If You disagree with amendments, You may terminate per Section 9.2. If You expressly decline an amendment, or do not accept it after its effective date where express acceptance is required, Your Beta access will be placed into a read-only and export mode for thirty (30) days and then closed; Your data will be handled per Sections 5.3 and 5.4. Amendments apply prospectively only: the version of this Agreement in force at the time of an event governs that event.
12.2. Entire Agreement
This Agreement, together with the User Agreement, the Privacy Policy, and the applicable supplemental terms (the Billing & Refund Terms and the AI Supplementary Terms), constitutes the entire agreement between You and Lynkora regarding the Beta Program, superseding any prior verbal or written agreements.
12.3. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect.
12.4. Language
This Agreement is executed in English. Translations into any other languages are provided for convenience only; in case of any conflict or ambiguity, the English version controls, except where the mandatory law of Your jurisdiction requires otherwise.
12.5. Assignment
Lynkora may assign or transfer this Agreement, in whole or in part, to an affiliate, a successor in connection with a merger, acquisition, or sale of assets, or to a designated Merchant of Record, without Your consent, provided Your rights under this Agreement are not materially reduced. You may not assign this Agreement without Lynkora's prior written consent.
12.6. No Employment, Agency, or Partnership
Your participation in the Beta is voluntary. Nothing in this Agreement creates an employment, contractor, agency, partnership, or joint venture relationship between You (or Your users) and Lynkora. You are not entitled to wages, fees, or any other compensation for time spent using the Service, testing, or providing Feedback. Lynkora does not direct or control how, when, or whether You use the Service.
12.7. Sanctions and Export Control
You represent and warrant that: (a) neither You, Your organization, nor any beneficial owner controlling it is listed on, or majority-owned or controlled by any person listed on, any applicable sanctions list, including those of the EU, UN, United Kingdom, or U.S. (OFAC SDN and equivalent); (b) You are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive embargoes; and (c) You will not use the Service in violation of applicable export control or sanctions laws, to circumvent sanctions, or for the benefit of any sanctioned person. Lynkora may suspend or terminate access immediately and without liability if it reasonably believes this Section is breached, and may decline service where required by applicable law.
12.8. Contact
For questions about this Agreement: [email protected]
For Beta support: [email protected]
For data protection matters: [email protected]
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