Terms and conditions
THE GENERAL AND SPECIFIC CONDITIONS THE FOLLOWING TERMS AND CONDITIONS ARE CONSIDERED AN ADHESION CONTRACT. YOUR READING AND UNDERSTANDING WILL ALLOW YOU TO BETTER EXERCISE YOUR RIGHTS AS A CONSUMER. WE SUGGEST YOU PRINT THEM AND KEEP THEM. MODIFICATIONS MADE IN THE FUTURE WILL BE CONSIDERED ACCEPTED WITH THE SOLE CONTINUITY IN THE USE OF THIS PLATFORM.
These Terms and Conditions are offered to our clients ('you', 'yourself', 'customer', 'user', 'member', 'visitor', 'collaborator') by SOCIANIS ('we', 'us', 'The Company') as an explanation on how you can use our online services on the website, on the mobile applications, as well as the use of the software provided and related to the service (collectively called the 'Service').
By accessing and/or using the Service, you will be expressing your consent and acceptance of these Terms and Conditions of the Contract for the Provision of Services (the 'Contract'), even if you are not registered as a user of our Service. This Agreement applies to all visitors, users, members, collaborators, and any other person who has access to the Service.
Please read this Agreement carefully to ensure that you understand each of its parts.
1. Description of service
SOCIANIS operates an online tool for service providers in advertising, marketing, digital marketing, social networks, and other specialized services in the management of social networks for third parties. We provide services to grant our users the use of our online software (Software as a Service), which enables the publication and on various websites operated by third parties, for advertising and dissemination of information, in exchange for a consideration ('payment'). In the absence of said payment, SOCIANIS will suspend the provision of said tools, allowing the limited use of the Service, available without payment to the general public. Thereby restricting the use of the Service to that of the offer available to the general public without payment.
2. Authorized users
You can contract and use the Service directly and individually, only if you are of legal age in your jurisdiction. Otherwise, said contracting must be carried out by the person who directly and legally exercises their representation or guardianship, and its use must be supervised by said person or by authorized third parties of legal age for that purpose, who will also be bound by this Contract. Any access to, or use of, the Service by minors that do not a¬dhere to the foregoing is expressly prohibited and contrary to the Terms and Conditions of this Contract. In such instances, SOCIANIS may at any time, and without any liability, eliminate users, or user profiles, without prior notice and without any refund. Once eliminated, these lawless profiles may not longer benefit from the Service.
By using the Service, you declare that you have full powers to enter into this Agreement and to comply with your obligations regarding it, as well as that you are not in any case of restriction or disabling of the contractual freedoms that prevent you from entering into this agreement contract.
3. License to use the service
Subject to the Terms and Conditions of this Agreement, SOCIANIS grants you a non-exclusive, limited, non-transferable, and revocable license to use the service and the software associated with it, to the extent and under the terms permitted by this Contract. SOCIANIS reserves all rights of use not expressly authorized in this agreement. SOCIANIS may terminate this Agreement early, without any liability and without any obligation to reimburse any amount, for whatever reason it deems contrary to its interests or principles.
Additional terms and/or conditions to this Agreement may apply from time to time, depending on the type of use that is given to the Service. These Terms and Conditions will be made available to the user when they are applicable.
Your account with SOCIANIS gives you access to the services and functionalities that we will make available, and that may change from time to time, at our sole discretion. SOCIANIS may make various types of accounts available to different types of users. If your SOCIANIS account belongs to a legal entity (such as a company, association, etc.), then the obligations inherent to you will also apply to that entity. Likewise, you declare that you have sufficient powers to bind said entity under the terms of this contract. In order to make your interaction with SOCIANIS more agile, the association of your SOCIANIS account with your third parties accounts implicitly allows SOCIANIS to access and use your information to said accounts with third parties, in accordance with the Terms and Conditions of the third parties, as well as to save your access data from said third parties accounts to the SOCIANIS account.
Your account with SOCIANIS is non-transferable and for its creation, you are obligated to provide true and complete information. Eventually, we may require you to send some official identification with a photo. You are solely responsible for the activity that occurs on your account and you must keep your access details secret and strictly confidential. SOCIANIS recommends using high-security access data (including passwords considered strong, such as combinations of upper- and lower-case letters, numbers, and symbols). You agree not to share your access data with third parties. You are obliged to immediately notify SOCIANIS regarding any breach to the security of your account, or about the unauthorized use of it, through the email email@example.com. SOCIANIS will bear no responsibility for the loss or modification of any type of information derived from an unauthorized use of your account.
In configuring your account, you will be able to control your user profile, as well as your interaction with the Service. By providing SOCIANIS your email address, you will accept the receipt of correspondence related to the service, including but not limited to, notices and notifications, including those that are considered legal, consenting from the moment of creation of your account, that replace the sending of said communications by physical means, such as certified mail, courier services, etc. Also, by using the service, you agree that SOCIANIS will send you notices about changes to the Terms and Conditions of this Agreement, notices about changes to the functionalities of the service, special offers, etc. If you do not wish to receive these communications, you may change the settings of your account, in accordance with your preferences. Said change could prevent the receipt of communications regarding updates to the Terms and Conditions of this contract, which will be considered accepted through the sole use of the service and available for consultation at any time on the SOCIANIS website.
You agree that the accounts may not be the subject of transactions (such as sales or purchases) or reserved for future use or to avoid the use of an account to the detriment of third parties. Inactive accounts may be removed by SOCIANIS at any time without prior notification.
5. Rules of the service
5.1. By using the Service, you agree to refrain from:
- 1. Using the Service for data extraction purposes in an automated or non-automated manner;
- 2. Using the Service for the purpose of unauthorized replication of the software, interfaces, appearance (look and feel, including but not limited to page headers, the appearance of icons, other graphics, scripts, etc.), the operational and image elements (trade dress) or any aspect of the Service for direct or indirect profit;
- 3. Using any type of automated system that could in any way saturate and/or damage SOCIANIS's servers;
- 4. Using the service for the transmission of spam, or unsolicited communications that may be considered undesirable;
- 5. Interfering, try to interfere, or in any way compromise the security of the system, decrypt or attempt to decrypt communications between other users and/or SOCIANIS, and/or the accounts that users have with third parties or with the servers of any of them;
- 6. Executing any action that implies an irrational or disproportionate load of data to our infrastructure;
- 7. Extracting or attempt to extract personal information from third parties, including banking or sensitive information;
- 8. Interfering in any way with the proper functioning of the Service;
- 9. Using the Service through technologies or means that are not expressly authorized by SOCIANIS;
- 10. Breaking or attempting to breach the security measures of the Service;
- 11. Using the Service as a means for the violation or infringement of any type of rights of third parties or SOCIANIS;
- 12. Using the Service as a means to support, incite or promote discrimination, violence, inequality, the commission of crimes or any infraction of the local laws of your country, or good customs;
- 13. Use the Service as a means to disseminate content of a sexual or pornographic nature, or that is related to said type of content;
- 14. Use the intellectual property of SOCIANIS, or variations of it, for the creation of domain names, hashtags, keywords for Internet searches, or any other means that may confuse users regarding the services or the use of the service;
- 15. Use or register any type of intellectual property that in any way could be related or confused with SOCIANIS's intellectual property;
- 16. Associate SOCIANIS in any way, with third party companies without our prior written consent;
SOCIANIS, may, without prior notice, make modifications to the service, suspend the provision of the service to you, or all users in general, or impose limits on the use of the Service. We may, temporarily or permanently, terminate or suspend your access to the Service, without prior notice and liability, under any circumstances for any reason, including the event that, in our sole consideration, you violate any of the Terms and Conditions provided in this Agreement.
These Terms and Conditions will survive the early termination, for whatever reason, of this Agreement. If your account is terminated for any reason, you must obtain SOCIANIS's written authorization to obtain a new account. Failure to do so may cause your permanent blocking of the Service.
In the event of direct or indirect failures, delays, or unforeseen events in SOCIANIS's servers, we will not be responsible for any expenses or costs that this may cause. In the same way, we will not be responsible for the expenses or costs demanded by the users of SOCIANIS, when these events cause losses or costs.
You are solely responsible for your interactions with other users of the Service. We will not monitor any disputes between you and other users. SOCIANIS, will not have responsibility regarding the interactions between users, as well as the actions or omissions of specific users.
You are solely responsible for the contents posted on SOCIANIS, or any other third-party platform which may be paired to your SOCIANIS account. As such, we welcome all content respectful in nature, form and tone. However, we reserve the right to take down deleterious content, and in accordance to its prejudice, possibly suspend or terminate the account which originated it.
By using the Service, you agree to be solely responsible for the possible intellectual property pertaining to your publications made through the SOCIANIS platform and its Service. Should a breach of intellectual property occur, SOCIANIS dissociates itself from any of the ensuing contention and controversy. We will not be held accountable for any litigious procedures against one of our users arising from their unauthorized use of third parties’ intellectual property.
6. Billing policies
The use of certain aspects of the Service requires the payment of different types of fees. If you choose to use such aspects of the Service, you agree to pay the price determined by SOCIANIS for such use. Likewise, SOCIANIS may add new Services with additional charges and fees, or modify said charges and fees for existing services, at any time and at its sole discretion. However, any price changes or changes to your subscription plan will be notified at least thirty days in advance of their application.
You can cancel your account with SOCIANIS at any time and continue using your account until the next payment date, however, there are no refunds for such cancellation. If SOCIANIS suspends or cancels your account or terminates this agreement, you accept and understand that you will not receive any refund or compensation, for unused credits, remaining time of any subscription or any portion of the Service, and all the information or data related to your account will be deleted from SOCIANIS's servers. In the event of any violation of any of the Terms and Conditions provided in this document or any of its modifications or additions, SOCIANIS may cancel the account without refund, or compensation.
All information that you provide in connection with a purchase or monetary transaction during your interaction with the Service must be accurate, complete, and up to date. You agree to pay all charges incurred by accounts that are related to your bank details such as credit card, debit card, or any other payment method used in connection with the purchase or monetary transaction, made during the interaction with the Service, at the cost in effect at the time said transaction was made. You will pay any applicable taxes related to such purchases, licenses, royalties, transactions, or any other monetary interaction with SOCIANIS.
SOCIANIS may offer free trials for certain types of paid subscriptions to enable you to test our Service. We reserve the right to determine the eligibility requirements for such free trials. At the end of your trial period, you will receive a message to confirm your wish to continue with your account Should you agree to keep an account with us, you may then determine a payment method, through which we will charge you for the corresponding subscriptions.
The payments for the Service do not include in any way the payment of third-party fees, such as guidelines for social networks, paid advertising, among others.
SOCIANIS cannot guarantee that unauthorized third parties will never be able to break our security measures or use your personal information for incorrect purposes. You agree that you provide your personal information at your own risk.
8. Relationship with third parties
The Service includes electronic links to third-party applications for use through SOCIANIS, as well as electronic links to third-party websites that are not owned or controlled by SOCIANIS.
Before linking your account with any of the aforementioned applications or websites with your SOCIANIS account, be sure to read, understand and accept the terms and conditions of said account, with the corresponding provider. You expressly release SOCIANIS from any liability, regarding its relationship with third parties. You also agree that SOCIANIS will not be responsible for any loss or damage related to your business with said third parties.
You will indemnify and hold SOCIANIS safe and secure from any liability, damage, injury, loss, cost, or expense (including without limitation reasonable attorney's fees), which you may incur or incur as a result of a penalty, lawsuit, trial. Or procedure, either before an administrative or judicial authority or before any other court; imposed, carried out, instituted, or threatened against you for reasons derived from a breach of this Contract. The rights and obligations provided for in this clause will survive the termination or rescission of this Contract.
If any provision of this Contract becomes null or unenforceable in its chosen jurisdiction, it will be deemed invalid to the extent of the purview of said clause, without nullifying the validity or enforceability of the other provisions agreed upon in the Contract.
The headings of this Contract are included for convenience only. In case of doubt, they will not prevail over the content of the Agreement. As such, they are to be considered a reference to the content of this Contract.
12. Assignment of rights or obligations
You are not allowed to transfer your rights or obligations under this agreement without having previously obtained SOCIANIS's written consent. Subject to the foregoing, this agreement will be binding and will benefit the parties to this agreement and their respective successors or authorized assignees, without prejudice to the other provisions regarding responsibility for the use of the Service in the case of minors.
In no event shall the resignation of either party concerning a breach of the other party, or the lack of fulfillment or execution of the stipulations of this Agreement, constitute a waiver of said stipulation, or a waiver concerning the breach of the other party. Nor will a breach of any other stipulation of this contract, affect the validity of this Contract or part of it, or the right of either party to execute each one of the provisions of this Contract. In case of disagreement over any one party’s understanding of the Agreement, the spirit and integrity of this Contract will prevail, as envisioned by SOCIANIS.
14. Definitivity and modifications
This Contract contains all the Terms and Conditions stipulated between the parties and nullifies all previous agreements and negotiations that may have existed regarding the matters dealt with it, whether verbal or written. This Contract may only be modified or amended by SOCIANIS, prior notification by email to the user.
15. Applicable law and jurisdiction
For any need for interpretation, controversy or claim that may arise in relation to this contract or its violation, the parties irrevocably submit to the applicable laws and the competent courts in The Netherlands. Thereby, are expressly waived any other jurisdiction that may correspond to parties, by reason of their present or future domicile, of the places indicated by them for the fulfillment of their obligations, or for any other cause generating territorial jurisdiction.