Updated and Effective as of January 1, 2016
1. Definition of Terms
As used in these Terms and Conditions of Use:
"SocialBooster", "we", "us", or "our" (whether or not capitalized) mean SocialBooster and its subsidiaries.
"SocialBooster Affiliate" means persons or entities who have provided products, licenses, or services to SocialBooster and persons or entities with which SocialBooster has entered into an agreement to sublicense or to provide SocialBooster Products or Services to users.
"SocialBooster Products or Services" means social media management and incentives services, websites (including without limitation,
https://www.mysocialsuite.com), all other documentation, features, tools, SocialBooster Software, and any other products or services provided by SocialBooster or its authorized agents, distributors, and licensees.
"SocialBooster Software" means software provided to you or for your use by SocialBooster.
"Days" (whether or not capitalized) means calendar days.
"Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual.
To "Publish" documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to
https://www.mysocialsuite.com or any other website you visit to register for, subscribe to, license, buy, or Use SocialBooster Products or Services.
The "Subscription Period" for any license to use SocialBooster Products or Services begins at purchase, regardless of the date of activation, and expires at the end of your specific purchased term. A specific purchased term may be monthly, yearly, multi-year or for another periodic metric. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed.
To "Use" or "Using" SocialBooster Products or Services means each time you visit an SocialBooster website, register with SocialBooster, login to an account with SocialBooster, view the status of your website, access any Website Data stored with SocialBooster or request support.
"You," "yourself", "user," and "customer" (whether or not capitalized) refer to the individual or legal entity registering for or using the SocialBooster Products or Services.
If you have any question about the Terms, please contact us at [email protected].
2. Acceptance of Terms and Conditions of Use; Modification and Cancellation
By registering to Use SocialBooster Products or Services, and each time you Use an SocialBooster Product or Service, you affirm your acceptance of these Terms and Conditions of Use and agree to comply with them now and throughout the period of your Use of the SocialBooster Products or Services and thereafter, as noted in Section 7 (SocialBooster License to You; Renewals, etc.) below. If you do not agree to these Terms and Conditions of Use in their entirety, do not Use SocialBooster Products or Services. SocialBooster may change the Terms and Conditions of Use at any time in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at https://www.mysocialsuite.com. If you do not agree to be bound by SocialBooster's Terms and Conditions of Use as Published by SocialBooster from time to time, your sole and exclusive remedy is to discontinue using SocialBooster Products or Services. If you wish to cancel your SocialBooster account after a change in the Terms and Conditions of Use, you must do so in account settings section in the control panel within thirty (30) days after your next Use of an SocialBooster Product or Service following the change in the Terms and Conditions of Use. For this type of cancellation you will receive a pro-rata refund for the unused portion of your SocialBooster license as of your date of notice. You acknowledge and agree that if you do elect to cancel your account within this specified period after a change in the Terms and Conditions of Use, or if you cancel your account or fail to renew an expired or terminated subscription for any reason, SocialBooster may delete any information that SocialBooster has obtained through your Use of SocialBooster Products or Services. Cancelled accounts will have all information deleted immediately upon cancelling.
3. Requirements for Registration or Use of SocialBooster Products
SocialBooster Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. SocialBooster does not offer SocialBooster Products or Services to minors or where prohibited by law. By registering for and/or by Using SocialBooster Products or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the SocialBooster Terms and Conditions of Use and that you will Use SocialBooster Products or Services only in accordance with these Terms and Conditions of Use and with all applicable laws. If an individual is registering or Using SocialBooster Products or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to SocialBooster that such individual is duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. You agree to provide accurate and complete information when you register for an SocialBooster Product or Service and you agree to keep such information accurate and complete during the entire time that you Use SocialBooster Products or Services. We may ask you from time to time to establish a username or password to access or Use the SocialBooster Products or Services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.
4. Payment and Fees
SocialBooster may change, suspend or discontinue the Products or Services at any time, including the availability of any feature, database, or content. SocialBooster may also impose limits on certain features and services or restrict User's access to parts or all of the Products or Services without notice or liability.
(a) For all purchased services and Subscriptions you will be billed on a monthly or annual basis on your credit or debit card.
(b) SocialBooster may change its fees and payment policies for the Products or Services by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
(c) Trial Licenses.
If you received a free trial or evaluation license for which you have not paid a license fee, SocialBooster grants to you a non-exclusive, non-transferable limited license to Use the SocialBooster Software during the trial or evaluation period in accordance with these Terms and Conditions of Use. You may only sign up for one free trial or evaluation license in each calendar year.
(d) Free User’s
Free plans provide limited access to the SocialBooster Products or Services but are governed under the same terms in this agreement.
Payments and subscriptions are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
(f) Fee and Policy Changes
SocialBooster may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
5. Cancellation and Termination
To cancel your account you must do it via https://app.mysocialsuite.com - emailing to cancel your account will not be considered the correct procedure.
6. Changes to SocialBooster Products and Services
SocialBooster has the right at any time to change, modify, add to, discontinue, or retire any SocialBooster Product or Service and any aspect or feature of the SocialBooster Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or Use, the types of files that can be uploaded, the maximum storage that will be allotted on SocialBooster servers on your behalf either cumulatively or for any particular service, or the availability of SocialBooster Products or Services on any particular device or communications service. SocialBooster will provide notice of material changes to the SocialBooster Products or Services or changes to this Agreement by posting them to https://www.mysocialsuite.com. SocialBooster shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes. From time to time, SocialBooster may issue new releases, revisions, or enhancements to the SocialBooster Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed and used only to the extent that you hold a valid license to Use the SocialBooster Products or Services being updated or upgraded, and you may Use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them. SocialBooster may automatically update SocialBooster Products or Services that are in use on your website without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, SocialBooster may, in its sole discretion, terminate your current license, continue to support your current SocialBooster Products or Services without the automatic update, or replace your SocialBooster Products or Services with other SocialBooster Products or Services. If SocialBooster terminates your current license on account of your failure or refusal to approve such fees, then SocialBooster will refund, on a pro-rata basis based on the remaining term of the current license, provided that the most recent license renewal or original license purchase was made less than 30 days prior, any fees related to the period during which you will not have access to your SocialBooster Products or Services. If SocialBooster updates the SocialBooster Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the SocialBooster Products and Services. These Terms and Conditions of Use (including any documents incorporated by reference) constitute the entirety of the agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to https://www.mysocialsuite.com as provided in this Section 6. No written or oral statement, understanding, representation, or alleged agreement made outside the Terms and Conditions of Use posted to https://www.mysocialsuite.com may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of SocialBooster.
7. SocialBooster Licence to You; Renewals, Modifications, Limits
You agree that SocialBooster shall have the right to automatically and without notice renew your license to continue to Use the SocialBooster Products or Services upon expiration of your then-current license, and that as part of such renewal SocialBooster shall have the right to charge the applicable renewal fees and any applicable taxes, which may be different than those you paid when you initially purchased or last renewed your license for SocialBooster Products or Services to any credit card you used to purchase your then-current license. You agree that if you elect to not permit SocialBooster the right to automatically renew your license to Use SocialBooster Products or Services or your credit card information on file with SocialBooster does not permit automatic renewal, then SocialBooster may terminate your license if you do not otherwise renew your license. If you received a discount in your initial sign up period this will be for the first term with SocialBooster only. We will renew your account at the listed non discount price.
First month discount promotions.
If you received a discount promotion on your initial months sign up, you agree that SocialBooster shall have the right to automatically and without notice renew your license at the listed non discounted monthly price. All other terms of service will still apply upon acceptance.
SocialBooster may in its sole discretion provide automatic updates to the SocialBooster Products or Services. These updates may not be consistent across all platforms and computers; and the performance and features offered by SocialBooster may vary depending on your computer and other equipment. You agree that we may automatically check your version of the SocialBooster Software and automatically update the SocialBooster Software used on your websites. You agree to accept and to take no action to interfere with such automatic updates, scanning, and related activities and services.
8. Restrictions on Access to SocialBooster Products and Service
You may access SocialBooster Products or Services only through the interfaces and protocols provided or authorized by SocialBooster. You agree that you will not access SocialBooster Products through unauthorized means, such as unlicensed software clients.
9. No Transfers or Modifications by You
You may not sell, assign, grant a security interest in or otherwise transfer any right to the SocialBooster Products or Services, nor incorporate them (or any portion of them) into another product or service. You may not copy the SocialBooster Products or Services. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the SocialBooster Software or decrypt any files that are not associated with your computer. You may not modify the SocialBooster Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communications protocol for accessing the SocialBooster Products. You may not authorize or assist any third party to do any of the foregoing.
You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and Use SocialBooster Products or Services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access SocialBooster Products or Services.
11. Service Policies and Privacy
12. Links to Other Websites
The Service may contain advertisements and/or links to other websites (“Third Party Sites”). SocialBooster does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms of Service and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. SocialBooster bears no responsibility for any action associated with any Third Party Site.
(a) WARRANTY SocialBooster warrants that the SocialBooster Products or Services will perform substantially as specified in the applicable SocialBooster documentation for a period of thirty (30) days from the date of registration or payment. If you satisfactorily demonstrate to SocialBooster within such thirty (30) day period that an SocialBooster Product or Service contains errors, then as SocialBooster's sole and exclusive liability and as your sole and exclusive remedy, SocialBooster shall at its sole option either use commercially reasonable efforts to correct the errors reported by you, replace the SocialBooster Product or Services affected with a substantially conforming product or service, or refund the fee you paid for the SocialBooster Product or Service and terminate your license under the Terms and Conditions of Use. SocialBooster does not warrant the results of its correction or replacement SocialBooster Products or Services. Correction or replacement under this Section 13 (Warranties), and the issuance of any corrections, patches, bug fixes, workarounds, extras, enhancements, or updates by MPCB to you, shall not be deemed to begin a new, extended, or additional license, Subscription Period, or warranty period.
(b) DISCLAIMER OF OTHER WARRANTIES. THE LIMITED WARRANTY IN THE PRECEDING PARAGRAPH IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT THAT ANY SUCH WARRANTIES CAN BE EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW. SocialBooster and the SocialBooster Affiliates do not warrant that the functions contained in the SocialBooster Products or Services will meet your requirements, that the operation of the SocialBooster Products or Services will be uninterrupted or error-free, or that defects in the SocialBooster Products or Services will be corrected. SocialBooster and SocialBooster Affiliates do not warrant or make any representations regarding the use or the results of the use of the SocialBooster Products or Services in terms of their correctness, accuracy, reliability or otherwise. SocialBooster and SocialBooster Affiliates do not represent or warrant that users will be able to access or use the SocialBooster Products or Services at times or locations of their choosing, or that SocialBooster and SocialBooster Affiliates will have adequate capacity for any user's requirements. No oral or written statement, information or advice given by SocialBooster, SocialBooster Affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section 13 (Warranties). You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period.
14. Limitation of Liability
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SocialBooster, SocialBooster AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE SocialBooster PRODUCTS OR SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF USE. Should you bear financial responsibility for payment to SocialBooster for SocialBooster Products or Services or have otherwise made payment for SocialBooster Products or Services, you agree to indemnify any Users of SocialBooster Products or Services that you have paid for with respect to any and all matters. If you are a beneficiary of another party having paid for said SocialBooster Products or Services, whether or not the paying party(s) is a user of SocialBooster Products and Services, your sole source of recourse, for any and all claims, is to the party that bears financial responsibility to SocialBooster for SocialBooster Products and Services. SocialBooster RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR MPCB IN THAT MATTER. If SocialBooster chooses to provide its own defence in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defence of SocialBooster and SocialBooster Affiliates, at your own expense, to the full extent requested by SocialBooster.
16. Trademarks, Service Marks and Other Intellectual Property
All trademarks, service marks or other similar items appearing on the SocialBooster Products or Service are the property of their respective owners. The SocialBooster Products or Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the SocialBooster Products or Services and shall remain with SocialBooster and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with SocialBooster's or its licensor's ownership of or rights with respect to the SocialBooster Products or Services.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SocialBooster or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on the Site is the exclusive property of SocialBooster and protected by United Kingdom and international copyright laws. All software used on (or provided through) the Site is the property of SocialBooster or its software suppliers and protected by United States and international copyright laws.
18. Ideas and Feedback
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place SocialBooster under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
19. U.S. Government Restricted Right
The SocialBooster Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the SocialBooster Software with only those rights set forth therein.
Any notice that may or must be given by SocialBooster in connection with this Agreement or in connection with the Use of the SocialBooster Products or Services, may be given by sending it to the email address provided by you upon registering for the SocialBooster Products or Services or as you may provide from time to time thereafter by modifying your user profile at
https://www.mysocialsuite.com. You are responsible for ensuring that your accurate email address is available to SocialBooster and provide any needed updates. SocialBooster may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, SocialBooster has no obligation to provide notice or attempt to locate a customer other than through the email address provided.
21. English Language
These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.
22. Limitation on Actions
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within six years after the cause of action accrues.
You agree to reimburse SocialBooster for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by SocialBooster. SocialBooster is not responsible for misprints, errors or omissions in its advertising and promotional materials.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
25. No Waiver
The Company reserves its right to take all legal steps available to enforce these Terms and Conditions of Use. The Company's failure to enforce these Terms and Conditions of Use in every instance in which they might apply, or the failure to require at any time performance of any provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions or of the Company's rights to enforce such provisions. No waiver of any provisions of this or any other Agreement with the Company shall be effective unless expressly stated to be such in writing and signed by both parties.
If you have any questions, queries or comments, please contact us via email at [email protected].