Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and YO3TCO ("we," "us," or "our") regarding your use of the HamLink mobile application ("App," "Service," or "HamLink").

By accessing or using HamLink, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility and Amateur Radio License

2.1 Amateur Radio License Requirement

HamLink is designed exclusively for licensed amateur radio operators. By using this App, you represent and warrant that:

• You hold a valid amateur radio license issued by the appropriate regulatory authority in your jurisdiction
• You will comply with all amateur radio regulations applicable in your country
• You understand and will adhere to amateur radio operating procedures and etiquette
• You will use the App only for amateur radio communication purposes

2.2 Age Requirement

You must be at least 13 years old to use HamLink. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use HamLink under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.3 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3. Permitted Use

3.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use HamLink on compatible Android devices you own or control, solely for lawful amateur radio communication purposes.

3.2 Acceptable Use

You agree to use HamLink only for:

• Amateur radio communication in compliance with your license privileges
• Technical experimentation and self-training in radio communications
• Emergency communications when authorized
• Other purposes permitted under amateur radio regulations

4. Prohibited Activities

You agree NOT to use HamLink for any of the following purposes:

• Commercial Use: Any business, commercial, or for-profit activities (unless specifically authorized by amateur radio regulations)
• Broadcasting: One-way transmissions intended for reception by the general public
• Obscene or Indecent Content: Transmitting obscene, indecent, or profane language or content
• Music or Entertainment: Playing music or transmitting entertainment content (except for specific authorized amateur radio events)
• Encryption: Using codes or ciphers to obscure the meaning of communications (except for authorized control commands)
• Illegal Activities: Any activity that violates local, national, or international laws
• Interference: Intentionally causing harmful interference to other radio communications
• False Identification: Transmitting using another operator's call sign without authorization
• Malicious Use: Attempting to disrupt, damage, or gain unauthorized access to the App, servers, or networks
• Reverse Engineering: Reverse engineering, decompiling, or disassembling the App (except as permitted by law)

5. License Tiers and Subscriptions

5.1 License Tiers

HamLink offers multiple license tiers:

• FREE: Basic features with 2 connection profiles and 1 device
• PRO: Enhanced features with 5 profiles and 3 devices
• ADVANCED: Premium features with 10 profiles, 5 devices, Quick Switch functionality, and Monitor Multiple TG

5.2 Purchase and Payment

License upgrades are processed through third-party payment platforms (e.g., Buy Me a Coffee, Google Play). By making a purchase, you agree to the terms and conditions of those payment platforms.

5.3 Refund Policy

All license purchases are final and non-refundable, except as required by applicable law or at our sole discretion. If you experience technical issues, please contact us at yo3tco@gmail.com for support before requesting a refund.

5.4 License Activation

License activation requires a valid email address. Your license is tied to your email and can be used across the permitted number of devices for your tier.

6. Network Connectivity and SVXLink Protocol

6.1 Third-Party Networks

HamLink connects to third-party SVXLink-compatible networks and reflectors. We do not operate, control, or endorse these networks. Your use of third-party networks is subject to their respective terms and policies.

6.2 Network Availability

We do not guarantee the availability, reliability, or performance of third-party networks. Network outages, connectivity issues, or service disruptions are beyond our control.

6.3 Network Conduct

When connected to third-party networks, you must comply with:

• The network operator's rules and policies
• Amateur radio regulations in your jurisdiction
• International amateur radio best practices and etiquette

7. Intellectual Property Rights

7.1 Our Intellectual Property

HamLink, including its design, code, graphics, logos, and documentation, is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you are reserved by us.

7.2 Open Source Components

HamLink incorporates open-source software components. These components are licensed under their respective open-source licenses (e.g., Apache 2.0, MIT). The specific licenses are available in the App's "About" section.

7.3 User Content

You retain ownership of any content you transmit through HamLink. However, amateur radio communications are generally public and may be received, recorded, or retransmitted by others in accordance with amateur radio regulations.

8. Privacy and Data Collection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:

• Minimal Data Collection: We collect only essential data for app functionality
• No Audio Recording: We do not record or store your voice communications
• License Validation: Email and device identifiers are used for license management
• Analytics: Anonymous usage statistics may be collected for app improvement

Please review our Privacy Policy for complete details.

9. Disclaimers and Limitations of Liability

9.1 "AS IS" Disclaimer

HamLink is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information

9.2 Emergency Communications Disclaimer

9.3 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages resulting from network outages or connectivity issues
• Damages arising from reliance on the App for emergency communications
• Damages caused by third-party networks or services
• Damages exceeding the amount you paid for the App (if any) in the 12 months preceding the claim

9.4 Regulatory Compliance

You are solely responsible for ensuring your use of HamLink complies with all applicable amateur radio regulations. We provide the App as a tool, but you are responsible for lawful operation.

10. Indemnification

You agree to indemnify, defend, and hold harmless YO3TCO, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of HamLink
• Your violation of these Terms
• Your violation of any amateur radio regulations
• Your violation of any third-party rights
• Any content you transmit through the App

11. Termination

11.1 Termination by You

You may stop using HamLink at any time by uninstalling the App from your device. Uninstalling the App does not automatically cancel any paid licenses.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to HamLink at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Service or network resources
• Failure to maintain a valid amateur radio license

11.3 Effect of Termination

Upon termination, your license to use HamLink immediately ceases. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Updates and Modifications

12.1 App Updates

We may release updates, upgrades, or modifications to HamLink from time to time. You agree to install updates to continue using the App. Some updates may require your acceptance of revised Terms.

12.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website (hamlink.app)
• Displaying an in-app notification
• Sending an email to registered users

Your continued use of HamLink after changes take effect constitutes acceptance of the revised Terms.

13. Geographic Restrictions

HamLink is intended for use worldwide, subject to local amateur radio regulations. However:

• You are responsible for compliance with laws in your jurisdiction
• Some features may be restricted in certain countries
• We do not guarantee that HamLink is appropriate or available for use in all locations

14. Third-Party Services and Links

HamLink may contain links to or integrate with third-party services, websites, or networks. We are not responsible for:

• The content, accuracy, or practices of third-party services
• Your interactions with third-party services
• Any damages or losses caused by third-party services

Your use of third-party services is at your own risk and subject to their terms.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal dispute, please contact us at yo3tco@gmail.com to attempt to resolve the issue informally.

15.2 Governing Law

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.

15.3 Jurisdiction

Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of Romania, and you consent to the jurisdiction of such courts.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding HamLink and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, natural disasters, or internet service disruptions.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or HamLink, please contact us:

• Email: yo3tco@gmail.com
• Website: https://hamlink.app
• Developer: YO3TCO

18. Acknowledgment

BY USING HAMLINK, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE HAMLINK.