The terms and conditions below govern the usage of SocioGrowth Social's application (“SocioGrowth”), which has been made available by Opsocial Tecnologia Ltda. (“Company”). By using SocioGrowth, you (“User” or “You”) expressly agree to be bound, without modification, to this Terms and Conditions Agreement (“Agreement”). If you do not agree to be bound by this Agreement, you may not use SocioGrowth. SocioGrowth reserves the right to make any changes to this Agreement at any time. Also, the company has the right to makes changes without notifying the Users. This Agreement was last modified on December 3rd, 2017.
1. About the Services
Subject to the terms and conditions of this Agreement, the Service is solely for User's personal use. "User" includes SocioGrowth's paying customers ("Customers"). From time to time, the company may change, modify, or upgrade any functionalities or appearance of the application, which may include the removal of any functionality, content, or integrations. SocioGrowth could be down at certain points for maintenance and upgrades. The company does not and cannot guarantee that User will have continual access or that any particular content will be distributed on the Social Media Platforms.
SocioGrowth may interrupt, make changes or discontinue the services at any time, including the availability of any feature, database, or content. SocioGrowth may also force limits on some features and services or restrict User's access to parts or all of the Services without any warning or responsibility. The user must be responsible for acquiring and maintaining any facilities or ancillary services needed to connect and to access the services, including modems, hardware, software, and long distance or local telephone service. User shall be responsible for assuring that such pieces of equipment or ancillary services are compatible with SocioGrowth.
2. Licenses and payments
2.1 SocioGrowth's paid user (costumer) license.
As long as the user has a Paid Subscription to SocioGrowth, subjected to the terms and conditions of this Agreement, the user shall have access to use SocioGrowth for the confirmed dates of the User’s Paid Subscription. The company allows the user a non-transferable, non-assignable, restricted, non-exclusive, revocable license, only as sanctioned in this Agreement. The password and login information that is assigned to the user must be held confidential, may only be used individually, and may not be shared, given, rented, or assigned to any others. Premium service fees may not be refundable. Monthly subscriptions may be paid via credit card, as specified in your SocioGrowth account. Overdue amounts, including leaped payments or chargebacks, will be assessed a late payment charge at a monthly rate of 10% or the maximum provided by law, whichever is less. The company shall have the right to recover all expenses, including gathering costs and reasonable attorney’s fees incurred in collecting overdue amounts.
2.2 About SocioGrowth's freemium user
The company allows the user a non-transferable, non-assignable, restricted, non-exclusive, revocable license, only as sanctioned in this Agreement. The password and login information that is assigned to the user must be held confidential, may only be used individually, and may not be shared, given, rented, or assigned to any others.
3. Company’s Intellectual Property
SocioGrowth holds information and data which is protected by copyright, trademark, trade secret, and other such intellectual property laws. The user agrees to dwell on all copyright notices and trademark stipulations.
4. User’s Intellectual Property
The user retains all intellectual property rights, including copyrights over all the content posted to Social Media Platforms using SocioGrowth (“User Content”). You grant the company a non-exclusive, non-transferable (except as stated in this Agreement), worldwide, non-sublicensable, restricted license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the content for the purpose of building user cases, advertising and for the purpose your use of SocioGrowth and SocioGrowth’s integration with the Social Media Platforms.
User may not and may not allow others to (a) sell, rent, charter, license, sublicense, or assign use of SocioGrowth to others; (b) reverse engineer, decompile, disassemble, or otherwise derive the source code from SocioGrowth; (c) alter, modify, adapt, reconfigure, or prepare secondary works of SocioGrowth; (d) copy, extract, summarize, distribute, or otherwise use SocioGrowth in any manner which competes with or substitutes for the company’s administration of SocioGrowth to its customers; (e) use SocioGrowth to violate the CAN-SPAM Act or the laws of any applicable jurisdiction; (f) use SocioGrowth to abuse, defame, harass, threaten, or post illegal content; (g) use SocioGrowth to transmit a virus, Trojan horse, worm, hack, or any harmful content; (h) use SocioGrowth to gain unauthorized access to any Social Media Platform; or (i) use SocioGrowth to post content that violates upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property. The user will immediately notify the company if the user’s account has been subject to a security breach, including disclosure of your username or password.
SocioGrowth may discontinue your access to all or to any part of the Website at any time, with or without cause, with or without warning, effective immediately. If you prefer to terminate this Agreement or your SocioGrowth account (if you have one), you may simply discontinue using the Website. Notwithstanding the previous, if you have a paid account, such account can only be terminated by SocioGrowth if you substantially breach this Agreement and fail to cure such breach within thirty (30) days of SocioGrowth's notice to you thereof; presented that SocioGrowth can terminate the Website immediately as part of a general shut down of our service. All outlines of this Agreement which by their nature should survive termination shall remain termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Renewals, Refunds, and Cancellation.
Subscriptions automatically renew each month, and you agree that Company may process your credit card payment on your renovation date. You may choose to cancel your Subscription at any time by emailing SocioGrowth's support. If you cancel your Subscription within 30 days of your primary purchase, you will obtain a refund of one month of your Paid Subscription fee. Any following cancellations are not subject to refund.
SocioGrowth reserves the right, at its sole preference, to modify or substitute any part of this Agreement. It is your responsibility to check this Agreement regularly for changes. Your extended use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. SocioGrowth may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subordinate to the terms and conditions of this Agreement.
9. Warranty and Indemnification
User represents and assures that will not use SocioGrowth to post content that violates upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or business, or to post content that is in violation of any laws or regulations of any applicable jurisdictions. User agrees to indemnify the company, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by User under this Agreement and User’s use of SocioGrowth.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be influenced or diminished.
The failure of either gathering to exercise in any respect any right granted for herein shall not be deemed a disclaimer of any right hereunder.
This Agreement establishes the entire arrangement between the parties and supersedes all prior written or oral understandings between them or any of their affiliates, with respect to the subject matter held herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of by the company.