Terms of Service

Last Updated Date: 7th of March, 2025


PLEASE READ THIS SERVICE AGREEMENT ("TERMS OF SERVICE") CAREFULLY. THIS AGREEMENT APPLIES TO THE HTTPS://UTILINK.XYZ WEBSITE AND ALL SUBDOMAINS THEREOF ("WEBSITE") AND THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (COLLECTIVELY, THE "PLATFORM"), OWNED AND OPERATED BY UTILINK LTD. ("UTILINK," "WE," OR "US").
THESE TERMS OF SERVICE GOVERN YOUR USE OF THE PLATFORM AND APPLY TO ALL USERS, INCLUDING SUPPLIERS OF COMPUTING RESOURCES ("SUPPLIERS") AND BUYERS SEEKING TO PURCHASE SUCH RESOURCES ("BUYERS").
BY ACCESSING OR USING THE PLATFORM IN ANY WAY, INCLUDING CLICKING ON ANY "I ACCEPT" BUTTON, COMPLETING A REGISTRATION PROCESS, OR BROWSING, YOU REPRESENT THAT:

  • YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE;
  • YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UTILINK; AND
  • YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY IDENTIFIED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

1. MARKETPLACE TERMS AND CONDITIONS

1.1 Supplier Services and Contracts

Utilink acts solely as a facilitator for transactions between Suppliers and Buyers. The Platform enables Suppliers to offer computational resources ("Supplier Services") and Buyers to purchase such services. However:

  • Utilink is not a party to any Supplier Contract.
  • All terms of the Supplier Contract, including pricing, specifications, delivery, uptime, and warranties, are agreed upon directly between the Supplier and the Buyer.
  • Utilink disclaims any liability related to Supplier Services' quality, legality, or performance.

1.2 Disclaimer of Responsibility for Supplier Services

Utilink does not guarantee:

  • The availability, reliability, or suitability of Supplier Services.
  • The truthfulness or accuracy of Supplier descriptions.
  • That Suppliers or Buyers will fulfil their contractual obligations.

2. USE OF THE PLATFORM AND SERVICES

The Platform and its content, including software and documentation, are protected under intellectual property laws. Unless governed by a separate agreement, your access and use are subject to the following:

  • Software Usage: Any software provided via the Platform is governed by accompanying license agreements or these Terms. You may not copy, redistribute, or modify the software unless explicitly allowed by the license.
  • Licenses: Utilink grants you a limited, revocable, non-transferable, and sub-licensable license to use the Platform for its intended purposes, subject to these Terms.
  • Restrictions: You may not use the Platform for unlawful purposes, reverse-engineer the software, or bypass usage limits imposed by Utilink.
  • API Access: Utilink may impose limits on API usage, file sizes, or other parameters and reserves the right to suspend access if limits are exceeded.

3. RESPONSIBILITY FOR CONTENT

3.1 User Content: Users are solely responsible for any content they upload, share, or distribute via the Platform ("User Content"). Utilink does not claim ownership of User Content but may use it for the operation and improvement of the Platform.

3.2 Storage: Utilink is not responsible for storing or securing User Content unless explicitly agreed upon. Users should maintain their backups.

3.3 Prohibited Activities: Users may not:

  • Use the Platform for fraudulent or unlawful activities.
  • Introduce malicious software or disrupt services.
  • Engage in unauthorised data scraping or reverse engineering.

Violations of these rules may result in immediate account termination, logging of flagged activities, and reporting to the appropriate authorities.

4. SUPPLIER AND BUYER RESPONSIBILITIES

4.1 Supplier Obligations

By offering Supplier Services on the Platform, Suppliers represent and warrant that:

  • The services provided conform to the descriptions and standards agreed upon in the Supplier Contract.
  • All legal, regulatory, and licensing requirements applicable to the Supplier’s operations are met.
  • The Supplier will promptly address any disputes, refunds, or complaints related to their services.

4.2 Buyer Obligations

By purchasing Supplier Services through the Platform, Buyers agree to:

  • Pay all fees associated with the Supplier Services, including applicable taxes, in a timely manner.
  • Verify the suitability of the Supplier Services before purchase, as Utilink does not offer guarantees or refunds for unsatisfactory services unless explicitly agreed upon.
  • Comply with all applicable laws when utilising Supplier Services.

5. PAYMENTS AND FINANCIAL TERMS

5.1 Transaction Processing

Payments made on the Platform are processed by third-party payment providers. Utilink acts as a limited payment agent for Suppliers to facilitate transactions, which include:

  • Receiving payment from Buyers on behalf of Suppliers.
  • Deducting platform fees as specified during the transaction.
  • Settling the remaining balance with the Supplier.

5.2 Acknowledgment of Payment Fulfilment

Payments made to Utilink are deemed to satisfy the Buyer’s obligation to the Supplier. Suppliers acknowledge that their sole recourse for payment disputes is with Utilink, not the Buyer.

5.2 Non-Refundable Fees

Unless required by law, all fees paid to Utilink for services or transactions are non-refundable.

5.3 Taxes

Each party is responsible for determining and paying any taxes or duties associated with the use of the Platform or Supplier Services. Utilink may collect applicable taxes when legally obligated.

6. DATA COLLECTION, STORAGE, AND PRIVACY

Utilink is committed to protecting user data in accordance with Bulgarian law, EU GDPR, and other applicable regulations. By using the Platform, you agree to the collection, storage, and processing of your data as outlined in Utilink’s Privacy Policy.

6.1 Types of Data Collected

  • Personal Information: Name, email address, and payment details.
  • Platform Usage Data: IP address, session activity, and device information.
  • Supplier Performance Data: Metrics related to resource usage and uptime.

6.2 Data Deletion

Users can request the deletion of personal data by emailing info@utilink.xyz with the subject line: "Data Deletion Request". Utilink will process such requests within 30 days, unless legal obligations require data retention.

For more details on how Utilink collects, processes, and protects your personal data, please refer to our Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS

All intellectual property associated with the Platform, including software, trademarks, logos, and content, is owned by Utilink or its licensors. Users are prohibited from:

  • Modifying, reproducing, or distributing Platform content without prior written consent.
  • Using Utilink trademarks or branding in any manner that implies endorsement or affiliation without authorisation.

Users retain ownership of any content they upload to the Platform. By uploading content, users grant Utilink a non-exclusive, royalty-free, worldwide license to use, display, and distribute the content solely to operate and improve the Platform.

8. LIMITATION OF LIABILITY

8.1 General Disclaimer

To the fullest extent permitted by law:

  1. Utilink provides the Platform "as is" without warranties of any kind, either express or implied.
  2. Utilink is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Platform or Supplier Services.

8.2 Specific Exclusions

Utilink disclaims liability for:

  • Loss of profits, data, or revenue.
  • Hardware or software failures resulting from the use of the Platform.
  • Disputes between Buyers and Suppliers.

9. DISPUTE RESOLUTION AND GOVERNING LAW

9.1 Governing Law

These Terms are governed by the laws of Bulgaria and applicable EU regulations. All disputes will be resolved under Bulgarian jurisdiction.

9.2 Dispute Resolution Process

  • Informal Resolution: Users must first attempt to resolve disputes directly with Utilink by contacting info@utilink.xyz.
  • Formal Resolution: If a dispute cannot be resolved informally, the parties agree to submit to the exclusive jurisdiction of the Bulgarian courts.

10. CHANGES TO TERMS

Utilink may revise these Terms at any time. Users will be notified of significant changes via email or a Platform notice. Continued use of the Platform after changes are made constitutes acceptance of the updated Terms.

11. TERMINATION

Utilink reserves the right to suspend or terminate user accounts at its sole discretion, including but not limited to cases of:

  • Violation of these Terms or applicable laws.
  • Fraudulent or harmful activity on the Platform.
  • Failure to comply with payment obligations.

Upon termination, users lose access to their accounts and any associated benefits. Utilink is not obligated to retain or provide access to user data after account termination.

12.CONTACT INFORMATION

For questions, concerns, or support, please contact Utilink at:

Email: info@utilink.xyz