Terms of Service

Through the Social Agentz service, Social Agentz (“Social Agentz”) provides other companies social media content creation services and access to its social media management software platform (the “Services”). The following Terms and Conditions govern all use of the Services and all content, services and products available at or through the Social Agentz website (taken together, the Website).

The Website and Services are offered subject to your acceptance without modification of all of the Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Website by Social Agentz (collectively, the “Agreement”).
By posting updated versions of the Agreement on the Website, or otherwise providing notice to you, Social Agentz may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Social Agentz website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. Social Agentz will use reasonable efforts to make you aware of any changes to the terms of this Agreement. Please read this Agreement carefully before accessing or using the Website.

By accessing or using any part of the website, you agree to become bound by the Terms and Conditions of this Agreement. If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the Website or use any Services. If these Terms and conditions are considered an offer by Social Agentz, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Your Social Agentz Account.

If you create an account on the Website, you are responsible for maintaining the security of your account and linked social media accounts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your social media accounts.
You must immediately notify Social Agentz of any unauthorized uses of your account or any other breaches of security. Social Agentz will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Your Responsibilities.

If you operate a Social Agentz account, post material to your social media accounts or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam and does not contain unethical or unwanted commercial content or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

By submitting Content or graphic materials to Social Agentz to make use of its Services, you grant Social Agentz a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your Content on your own social media accounts.

Without limiting any of those representations or warranties, Social Agentz has the right (though not the obligation) to, in Social Agentz’s sole discretion (i) refuse or remove any account that, in Social Agentz’s reasonable opinion, violates any Social Agentz policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Social Agentz’s sole discretion. Social Agentz will have no obligation to provide a refund of any amounts previously paid.

Confidentiality and Data Disclosure.

You acknowledge that you may disclose to Social Agentz certain confidential and proprietary information and materials, including but not limited to business and financial information, in connection with the Services. Social Agentz agrees to use such confidential information solely for the purpose of providing the Services, and to hold such confidential information in strictest confidence.

Notwithstanding the confidentiality obligations stated above, you acknowledge and agree that Social Agentz may sell, license, or otherwise provide your data, including but not limited to personal information, anonymized data, and aggregated data, to third parties for various purposes, such as marketing, advertising, and research. By entering into this agreement, you expressly consent to such data disclosure and grant Social Agentz the right to disclose your data to third parties for the purposes mentioned above. You may withdraw your consent at any time by providing written notice to Social Agentz, in which case Social Agentz will cease disclosing your data from the date of receipt of such notice.

Non-Solicitation.

During the term of this agreement and for a period of two (2) years following the termination of this agreement, Social Agentz agrees not to directly solicit, pursue, or accept any business from any of your clients whoose information was obtained through your use of the Services. This non-solicitation obligation shall not apply to business that is solicited by Social Agentz through general advertising or marketing efforts not targeted towards your clients.

Payment and Renewal.

Free trial. During a free trial we create sample content for you to assess the quality of the service offered. If you decide to use the content created and to work with Social Agentz, you'll sign up for one of our pricing plans.

General Terms. By signing up for one of our plans you agree to pay Social Agentz the monthly or annual fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for the plan and will cover the use of that service for a monthly or annual subscription period as indicated.

Cancellation and refunds. Plans can be cancelled by you at any time on 30 days’ written notice to Social Agentz. Any period for which content has already been created will be charged for. Any one-off, service, customisation, monthly or yearly fees paid are not refundable. Exclusively for services where a “guarantee” is explicitly offered, fees are refundable only within 7 days from your first payment to Social Agentz. Social Agentz reserves the right to change the payment terms and fees upon 7 days prior written notice to you.

Automatic Renewal. Unless you notify Social Agentz before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Support and client meetings. The Social Agentz service includes access to email support and service. “Email support” means the ability to make requests and obtain assistance by email at any time (with reasonable efforts by Social Agentz to respond within one business day) concerning the Services. We occasionally offer phone meetings to assist clients with onboarding, our platform, strategy for new brands and clients and other elements of the Services.

License. Social Agentz hereby grants you a worldwide non-exclusive, personal, non-assignable license to use the Services and the Social Agentz platform for the duration of this Agreement, exclusively in the conditions hereunder.

Responsibility of Social Agentz Customers

Social Agentz cannot review all of the material, including computer software, posted to its customers’ social media accounts, and cannot therefore be responsible for that material’s content, use or effects. Social Agentz disclaims any responsibility for any harm resulting from the use by users of our services or your linked social media accounts, or from any downloading by those users of content there posted. You are still responsible for all content posted to your social media accounts.

Copyright Infringement.

As Social Agentz asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Social Agentz in a social media post violates your copyright, you are encouraged to notify Social Agentz. Social Agentz will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Social Agentz will terminate a customer’s access to and use of the Website if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Social Agentz or others. In the case of such termination, Social Agentz will have no obligation to provide a refund of any amounts previously paid to Social Agentz.

Intellectual Property.

This Agreement does not transfer from Social Agentz to you any Social Agentz or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Social Agentz. Social Agentz, Social Agentz, the Social Agentz logo, and all other trademarks, service marks, graphics, and logos used in connection with Social Agentz, or the Website are trademarks or registered trademarks of Social Agentz or Social Agentz’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Social Agentz or third-party trademarks.

By using our services, you ("You" or "Realtor") acknowledge and agree that Social Agentz may collect, store, and process personal data and information you provide in connection with your use of our services. You expressly consent to Social Agentz sharing or selling this data to third-party companies for marketing, research, or other business purposes. Social Agentz is not responsible for how third parties maintain the confidentiality and security of said data. By continuing to use our services, you provide explicit consent for the sharing, selling, and use of your data as outlined in this clause.

By using our social media management services, the user ("You" or "Realtor") agrees and acknowledges that Social Agentz reserves the right to include promotional content within the posts created and shared on your behalf. This promotional content may pertain to partnerships or sponsorships secured by Social Agentz and will be relevant to the general theme and interest of your audience. The inclusion of this promotional content enables us to provide the social media management service to you. Clients will not be compensated for any promotional content shared on their behalf. Social Agentz commits to ensuring that all promotional content will be integrated seamlessly into the posts to maintain the authenticity and value to your audience. By continuing to use our services, you provide implicit consent for such promotional content to be shared on your social media profiles and Google My Business pages.

Termination.

If you wish to terminate this Agreement or your Social Agentz account (if you have one), you may simply contact Social Agentz and request a cancellation of your account. Notwithstanding the foregoing, if you have purchased an account, your account can only be terminated by Social Agentz if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Social Agentz’s notice to you thereof; provided that, Social Agentz can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. Social Agentz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Social Agentz nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Social Agentz, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Social Agentz under this Agreement during the twelve (12) month period prior to the cause of action. Social Agentz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Social Agentz Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Social Agentz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire Agreement between Social Agentz and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Social Agentz, or by the posting by Social Agentz of a revised version. The Agreement shall be governed by, interpreted and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) save that Social Agentz has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Social Agentz may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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