Terms of Service | Backlink Market

1. Scope and Contractual Parties

These Terms of Service ("Terms") govern the use of Backlink Market ("Platform", "Service", "we", "us", or "our"), an automated marketplace facilitating the connection between buyers ("Buyers") and sellers ("Publishers" or "Sellers") for the placement of backlinks on websites.

By registering for, accessing, or using the Platform, you ("User", "you", or "your") enter into a legally binding agreement with the Platform operator and agree to comply with these Terms.

These Terms apply to all users, including Buyers, Sellers, and visitors to the Platform.

2. Nature of Service and No Performance Guarantee

Backlink Market provides an automated infrastructure and marketplace platform that connects Buyers seeking backlinks with Publishers willing to place such links on their websites.

No Guarantee of Results: We explicitly do not guarantee, warrant, or promise any specific outcomes, including but not limited to:

• Search engine rankings or positions
• Increased website traffic or visibility
• SEO performance improvements
• Commercial success or revenue generation

The Platform acts solely as an intermediary. All backlink placements and their effects are subject to third-party algorithms (search engines) over which we have no control.

3. User Registration and Account Obligations

To use the Platform, you must create an account and provide accurate, current, and complete information, including:

• Full legal name or company name
• Valid email address
• Payment information (for transactions)

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access or security breach.

You must be at least 18 years of age or have legal capacity to enter into binding contracts under German law (§§ 104 ff. BGB).

4. WordPress Plugin Usage (Sellers Only)

To participate as a Seller, you must install our proprietary WordPress plugin ("Plugin") on your website. By installing the Plugin, you acknowledge and agree to the following:

4.1 Technical Requirements

The Plugin requires a compatible technical environment, including:

• WordPress 5.8 or higher
• PHP 7.4 or higher (PHP 8.0+ recommended)
• Adequate server resources and compatible hosting environment

4.2 Limitation of Liability for Plugin Issues

We are NOT liable for any damages, malfunctions, or disruptions to your website resulting from:

• Outdated PHP versions or incompatible server configurations
• Conflicts with other plugins or themes installed on your website
• Improper installation, configuration, or maintenance of your WordPress site
• Server downtime, hosting provider limitations, or third-party service failures

You acknowledge that WordPress environments vary significantly, and you bear the sole responsibility for ensuring compatibility and maintaining backups before installing any software.

4.3 Plugin Functionality

The Plugin automates the placement and removal of backlinks on your website. You grant us the technical access necessary to manage these links through the Plugin API. You remain responsible for monitoring your website's functionality and performance.

5. Link Integrity and Seller Obligations

Sellers agree to maintain backlinks as active and accessible for the entire agreed period (e.g., monthly subscription, annual contract).

5.1 Link Maintenance Requirements

• Links must be publicly visible and accessible to search engine crawlers
• Links must not be removed, modified, or hidden without authorization
• Link attributes (dofollow/nofollow) must match the agreed specifications in the order
• Website uptime must be maintained at reasonable commercial standards (≥95% monthly uptime recommended)

5.2 Breach of Link Integrity

If a Seller fails to maintain link integrity, we reserve the right to:

• Withhold payment for the affected period
• Issue refunds to Buyers
• Suspend or terminate the Seller's account

5.3 Buyer Obligations

Buyers must provide valid target URLs and anchor text that comply with these Terms. Buyers are responsible for the legality and appropriateness of the content they promote.

6. Payment Terms and Processing

6.1 Platform Credit System – Legal Nature and Restrictions

Legal Classification of Platform Credits

The Platform operates with an internal credit system ("Credits", "Platform Credits", "Buyer Balance", "Seller Balance"). By using the Platform, you explicitly acknowledge and agree to the following legal terms regarding Credits:

1.
Credits Are Not Legal Tender or Currency:
Platform Credits are digital accounting units for internal use only. They are not money, legal tender, electronic money (e-money), currency, securities, or financial instruments under German or EU law. Credits have no monetary value outside the Platform and cannot be used as a means of payment anywhere except within the Platform's ecosystem.
2.
No Cash Withdrawal or Redemption Right for Transferred Credits:
Credits transferred from Seller Balance to Buyer Balance are not redeemable for cash, cannot be withdrawn, and cannot be exchanged for money or any other form of consideration outside the Platform. You have no legal right or entitlement to demand cash payment, bank transfer, or any form of monetary payout for Credits transferred to your Buyer Balance.

Note: Credits deposited directly into Buyer Balance via payment methods (PayPal, credit card) are subject to restricted cash withdrawal conditions as outlined in Section 6.5.
3.
Transfer from Seller Balance to Buyer Balance Is Final and Irreversible:
If you transfer Credits from your Seller Balance (earned through backlink sales) to your Buyer Balance (to purchase backlinks), this action is final, binding, and irreversible. Once transferred, Credits:
- • Cannot be transferred back to the Seller Balance
- • Cannot be withdrawn or paid out via PayPal, bank transfer, or any other payment method
- • Lose eligibility for cash payout and become exclusively usable for purchasing Platform services
- • Are treated as prepaid service credits without any cash value
4.
No Legal Claim for Conversion, Reversal, or Refund:
By transferring Credits from Seller Balance to Buyer Balance, you explicitly and irrevocably waive any legal claim, right, or entitlement to:
- • Reverse the transfer
- • Convert Buyer Balance Credits back to cash or Seller Balance
- • Demand a cash refund or payout
- • Challenge the non-monetary nature of Buyer Balance Credits
This waiver is made knowingly, voluntarily, and with full understanding of its legal consequences.

Distinction: Seller Balance vs. Buyer Balance

•
Seller Balance: Credits earned from selling backlinks. Can be paid out as cash via PayPal once the minimum threshold of €50.00 is reached (subject to Section 6.4).
•
Buyer Balance: Credits deposited via payment methods (PayPal, credit card) or transferred from Seller Balance. Can only be used to purchase backlink services on the Platform. Cash withdrawal is restricted and subject to the conditions outlined in Section 6.5.

By using the Platform and participating in the Credit system, you confirm that you have read, understood, and unconditionally accept these terms. If you do not agree to these terms, you must not transfer Credits from Seller Balance to Buyer Balance or use the Platform's Credit system.

6.2 Pricing and Currency

All prices are displayed in Euro (EUR) and United States Dollar (USD).

Price Changes for Sellers: Sellers may adjust their prices at any time. Price changes will take effect immediately for new orders.

Price Protection for Buyers: For existing subscriptions, the price agreed upon at the time of purchase remains locked and will not be increased during the subscription period. However, if a Seller reduces their price, the lower price will automatically apply to existing subscriptions starting from the next billing cycle (1st of each month). Buyers will be notified of any price reductions.

6.3 Buyer Payments

Buyers must pay in advance for backlink services. Payment methods include credit card, PayPal, and other approved payment processors. All transactions are processed securely through third-party payment gateways.

6.4 Seller Payouts and Credit System

Sellers are paid via PayPal according to the following terms:

• Minimum Payout Threshold: €50.00 (Fifty Euro)
• Payment Schedule: Payouts are processed monthly, typically within 7-14 business days after the end of each calendar month
• Sellers must provide a valid PayPal account email address
• Platform fees and commissions will be deducted before payout
• PayPal Transaction Fees: PayPal charges transaction fees for receiving payments. These fees are borne by the recipient (Seller) and will be deducted from the payout amount as determined by PayPal's current fee structure

If the balance does not reach €50.00, the amount will be carried forward to the next month until the threshold is met.

Credit Balance System: Seller Balance vs. Buyer Balance

Earned credits from backlink placements are initially credited to your Seller Balance. You have two options for using these credits:

• Cash Payout (Seller Balance): Keep credits in your Seller Balance and request a PayPal payout once the €50.00 minimum threshold is reached
• Transfer to Buyer Balance: Transfer credits from Seller Balance to your Buyer Balance to purchase backlinks on the Platform

IMPORTANT - No Reversal Policy:

Once credits are transferred from Seller Balance to Buyer Balance, this action is final and irreversible. Transferred credits:

• Cannot be withdrawn or paid out via PayPal or any other payment method
• Cannot be transferred back to the Seller Balance
• Can only be used for purchasing backlink services on the Platform
• Are treated as prepaid platform credits with no cash value outside the Platform

By transferring credits to your Buyer Balance, you explicitly waive any right to cash withdrawal or refund of these credits. This ensures the integrity of the Platform's credit system and prevents abuse.

6.5 Buyer Balance and Refund Policy

Store Credit System for Refunds

When you purchase backlinks and the Publisher fails to deliver, or if a refund is otherwise due under these Terms, the refunded amount will be credited to your Buyer Balance as Platform Credits (Store Credits).

Primary Refund Method: All refunds are issued as non-expiring Buyer Balance credits, which can be used to purchase any backlink services on the Platform.

Refund Eligibility

Refunds to Buyer Balance are issued in the following cases:

• Failed Delivery: If a purchased backlink is not live within 48 hours of order confirmation
• Link Removal: If a link is permanently removed before the end of the subscription period without authorization
• Seller Violation: If the Publisher violates these Terms (e.g., changes link attributes, hides the link)
• Publisher Account Termination: If a Publisher's account is suspended or terminated while you have an active subscription

No Performance-Based Refunds: We do not issue refunds based on lack of SEO results, ranking improvements, traffic increases, or other performance metrics, as these outcomes are not guaranteed.

Cash Refunds (PayPal/Credit Card)

Cash refunds to your original payment method (PayPal, credit card, etc.) are not the default option but are available under the following limited circumstances:

• Written Request Required: You must submit a written cash refund request via email within 30 days of the refund being credited to your Buyer Balance
• Minimum Threshold: Cash refunds are only processed for amounts of €20.00 or more to cover payment processing costs
• Processing Fee: A processing fee of €5.00 will be deducted from cash refunds to cover transaction costs (PayPal fees, administrative expenses)
• Processing Time: Cash refunds are processed within 14 business days of approval
• Original Payment Method Only: Cash refunds are issued to the original payment method used for deposit (same PayPal account or credit card)

Important: Credits transferred from Seller Balance to Buyer Balance (as described in Section 6.4) are never eligible for cash refunds, regardless of circumstances.

Buyer Balance Credit Characteristics

• No Expiration: Buyer Balance credits do not expire and remain available indefinitely
• Full Platform Access: Credits can be used to purchase any backlink from any Publisher on the Platform
• No Restrictions: No limitations on how or when you use your Buyer Balance credits for purchases
• Account Closure: If you close your account with remaining Buyer Balance, you have 90 days to request a cash refund (subject to the conditions above). After 90 days, remaining credits are forfeited

By using the Platform and making purchases, you acknowledge and agree to this Store Credit refund system as the primary refund method. This policy allows us to maintain fair pricing and operational efficiency while still providing you with full value through platform credits.

6.6 Taxes and Compliance

Users are solely responsible for all applicable taxes, including VAT (Value Added Tax), income tax, and any other taxes arising from their use of the Platform. We may collect VAT where required by law.

6.7 Dispute Resolution for Payments

Payment disputes must be submitted through our support system within 30 days of the disputed transaction. We will investigate and resolve disputes in good faith, acting as a neutral mediator between Buyers and Sellers.

7. Prohibited Content and Activities

Users are strictly prohibited from posting, promoting, or linking to content that falls into the following categories:

7.1 Illegal Content

• Content that violates German criminal law (StGB), including but not limited to: fraud, theft, violence, terrorism, and distribution of illegal substances
• Copyright infringement or intellectual property violations
• Phishing, malware, or malicious software distribution

7.2 Adult and Explicit Content

• Pornography, sexually explicit material, or adult entertainment
• Escort services, prostitution, or sexual services
• Dating services with explicit sexual intent

7.3 Hate Speech and Discrimination

• Content promoting hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
• Extremist content, Nazi symbolism (Volksverhetzung § 130 StGB), or glorification of violence

7.4 Other Prohibited Activities

• Gambling or online casinos (where not properly licensed)
• Counterfeit goods or trademark infringement
• Pyramid schemes, multi-level marketing (MLM) scams, or fraudulent investment schemes
• Spam, unsolicited bulk communications, or phishing attempts
• Harassment, abuse, threats, or doxxing of other users

7.5 Enforcement

Violation of these prohibitions will result in immediate account suspension or termination without refund. We reserve the right to report illegal activities to law enforcement authorities.

8. Termination and Cancellation

8.1 User-Initiated Cancellation

Users may cancel their account at any time through the account settings. Cancellation takes effect immediately or at the end of the current billing period, depending on the subscription type.

8.2 Effect of Cancellation on Backlinks

Immediate Link Removal: Upon cancellation or termination:

• Buyer Cancellation: If a Buyer cancels a subscription, all associated backlinks will be removed automatically via the WordPress Plugin within 24 hours
• Seller Cancellation: If a Seller cancels their account, all active backlinks on their website will be deactivated, and existing Buyers will receive pro-rated refunds to their Buyer Balance (subject to Section 6.5)
• Plugin Uninstallation: If a Seller uninstalls the Plugin, all backlinks are automatically removed from their website

8.3 Termination by Platform

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms of Service
• You engage in fraudulent activity or payment disputes
• You post prohibited content or engage in illegal activities
• Your account poses a security risk or violates applicable laws

Refund Policy for Termination:

• If YOU are terminated for cause: You are not entitled to any refunds or compensation for remaining subscription periods or account balances
• If a SELLER you purchased from is terminated: You will receive a pro-rated refund to your Buyer Balance for the remaining subscription period (subject to Section 6.5)

8.4 Data Retention After Termination

After account termination, we will retain your data for the period required by German law (typically 10 years for tax-relevant data under § 147 AO). Personal data will be deleted or anonymized in accordance with GDPR (Art. 17 GDPR) upon request, unless retention is legally required.

9. Limitation of Liability (Haftungsausschluss)

Our liability is governed by the following provisions in accordance with German law (BGB):

9.1 Unlimited Liability

We are fully liable without limitation for damages resulting from:

• Intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) on our part or by our legal representatives or vicarious agents
• Injury to life, body, or health
• Claims under the German Product Liability Act (Produkthaftungsgesetz)
• Breach of guarantees (Garantien) explicitly provided by us

9.2 Limited Liability for Slight Negligence

For slight negligence (leichte Fahrlässigkeit), we are liable only if we breach an essential contractual obligation (wesentliche Vertragspflicht), also known as a cardinal duty (Kardinalpflicht). Essential contractual obligations include:

• Provision of access to the Platform
• Facilitation of connections between Buyers and Sellers
• Processing of payments in accordance with these Terms

In such cases, our liability is limited to the foreseeable, typically occurring damage (vorhersehbarer, vertragstypischer Schaden) at the time of contract conclusion. For subscription-based services, liability is limited to the total fees paid in the 12 months preceding the damaging event.

9.3 Excluded Liability

Beyond the above, all liability is excluded to the extent permitted by law. In particular, we are NOT liable for:

• Loss of profits, revenue, or business opportunities
• Indirect or consequential damages
• Damages caused by third-party content, websites, or services
• Downtime, data loss, or technical issues caused by your hosting provider, server configuration, or third-party plugins
• Changes to search engine algorithms or ranking penalties imposed by search engines

9.4 User Responsibility

You are solely responsible for maintaining backups of your website, ensuring compatibility of the Plugin with your technical environment, and complying with all applicable laws and third-party terms (e.g., Google's Webmaster Guidelines).

10. Data Protection and Privacy

We process personal data in accordance with the General Data Protection Regulation (GDPR/DSGVO) and the German Federal Data Protection Act (BDSG). For detailed information on how we collect, use, and protect your data, please refer to our Privacy Policy.

By using the Platform, you consent to the processing of your personal data as described in the Privacy Policy, including data sharing with payment processors (PayPal) and third-party service providers necessary for Platform operation.

11. Intellectual Property Rights

All content, software, trademarks, logos, and intellectual property on the Platform are owned by us or our licensors and are protected by German and international copyright law (Urheberrecht), trademark law (Markenrecht), and other intellectual property rights.

You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. You may NOT:

• Copy, modify, distribute, or reverse-engineer any part of the Platform or Plugin
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without prior written consent

12. Dispute Resolution and Mediation

In the event of disputes between users (Buyer-Seller conflicts), we offer mediation services through our support system. We will act as a neutral third party to facilitate resolution.

For disputes involving the Platform itself, users are encouraged to contact us first to seek an amicable resolution before pursuing legal action.

EU Online Dispute Resolution: The European Commission provides an Online Dispute Resolution (ODR) platform for consumers: https://consumer-redress.ec.europa.eu/

13. Governing Law and Jurisdiction

These Terms of Service are governed exclusively by the laws of the Federal Republic of Germany (Bundesrepublik Deutschland), excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of Jurisdiction (Gerichtsstand): The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Germany. The specific court location will be determined according to our registered business address or statutory provisions (§ 12 ff. ZPO).

For consumers (Verbraucher) within the European Union, mandatory consumer protection laws of their country of residence remain applicable to the extent they provide greater protection than German law.

14. Amendments to Terms

We reserve the right to modify these Terms at any time. Users will be notified of material changes via email or through a prominent notice on the Platform at least 14 days before the changes take effect.

Continued use of the Platform after the effective date constitutes acceptance of the amended Terms. If you do not agree to the changes, you must discontinue use of the Platform and cancel your account.

15. Severability Clause (Salvatorische Klausel)

Should any provision of these Terms be or become invalid, unenforceable, or incomplete, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates the economic intent of the original provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and Backlink Market regarding the use of the Platform and supersede all prior agreements, understandings, or communications.

17. Contact

If you have any questions about these Terms of Service, please contact us through our contact form or refer to our Legal Notice (Impressum) for detailed contact information.