TERMS AND CONDITIONS FOR SO5.NET

Last Updated: [January 7, 2024]

1. Introduction

Welcome to so5.net. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the website so5.net and the social media marketing and automation services provided thereon (collectively, the "Service"), operated by [Your Company Name] ("Company," "we," "us," or "our").

Please read these Terms carefully before using our Service. By accessing, registering for, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this Agreement, in which case the terms "User," "you," or "your" shall refer to that entity.

2. Account Registration and Security

2.1. Eligibility: You must be at least 18 years old to use the Service.

2.2. Account Creation: To access core features, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep this information updated.

2.3. Account Security: You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that occur under your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.

3. Use of the Service and License

3.1. Limited License: Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal marketing purposes.

3.2. Restrictions: You agree not to, and will not permit others to: * License, sell, rent, lease, transfer, distribute, host, or otherwise commercially exploit the Service outside of its intended use. * Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service. * Use the Service to build a similar or competitive product or service. * Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks. * Use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property and other proprietary rights, and data protection and privacy.

4. Third-Party Social Media Platforms (Crucial Section)

4.1. Platform Dependence: The core functionality of so5.net depends on interacting with third-party social media platforms (e.g., Facebook, Instagram, X/Twitter, LinkedIn, etc.) via their Application Programming Interfaces (APIs). We do not control these platforms.

4.2. Compliance with Platform Rules: You acknowledge and agree that your use of the Service must comply with the respective Terms of Service, Privacy Policies, and Developer Policies of all social media platforms you connect to so5.net.

4.3. Changes to APIs: If a third-party platform alters, restricts, or ceases providing access to their APIs, some or all features of our Service may stop working temporarily or permanently. We shall not be liable for any refunds or damages arising from such changes imposed by third-party platforms.

4.4. Account Suspensions: You are solely responsible for the content you publish and the actions you automate using our Service. We are not responsible if your social media accounts are suspended, banned, or restricted by third-party platforms due to your actions (e.g., posting spam, violating community guidelines, or aggressive automation behavior).

5. User Content

5.1. Ownership: You retain all rights and ownership in the content, data, text, images, and other materials that you upload, import, or create using the Service ("User Content").

5.2. License to Us: By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content solely as necessary to provide the Service to you (e.g., scheduling your post on a specified date).

5.3. Content Responsibility: You represent and warrant that you have all necessary rights to the User Content you post and that your User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights. We reserve the right (but have no obligation) to remove any User Content that we believe violates these Terms.

6. Fees and Payment

6.1. Subscriptions: The Service is offered on a subscription basis (e.g., monthly or annually). You agree to pay the fees applicable to your selected subscription plan.

6.2. Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You authorize us to charge your payment method for the renewal term.

6.3. Changes to Fees: We reserve the right to change pricing at any time. We will provide notice of any price changes before they become effective. Your continued use of the Service after the price change constitutes agreement to pay the new amount.

6.4. Refunds: Except as required by applicable law or as explicitly stated in a specific promotion, all fees paid are non-refundable.

7. Intellectual Property Rights

The Service, including its code, architecture, look and feel, logos (including the "so5.net" logo), and all intellectual property rights therein, remain the exclusive property of [Your Company Name] or its licensors. Nothing in these Terms grants you any right to use any of our trademarks or logos.

8. Termination and Suspension

8.1. By You: You may cancel your subscription and terminate your account at any time through your account dashboard.

8.2. By Us: We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

8.3. Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your User Content and data from our systems after a certain period following termination.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR COMPANY NAME], ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless [Your Company Name] and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction, e.g., the State of Delaware, United States, or England and Wales], without regard to its conflict of law provisions.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or a prominent notice on our Service. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [[email protected]]