Terms of Service for Social Fire
1. Introduction
By using the services provided by Social Fire, you affirm that you are at least the age of majority in your jurisdiction, or if you are under the age of majority, you have the consent of your parent or guardian. If you do not agree to the terms, you are not authorized to use our services.
2. Services
Social Fire provides a variety of social media management services. The exact services provided will depend on the package selected by the user.
3.User Responsibilities
Users are solely responsible for all content they provide to Social Fire for posting, and must ensure that their content complies with the rules and policies of the relevant social media platforms. Users indemnify Social Fire against all claims, damages, costs, and expenses, including attorney’s fees, arising from the content they provide, their breach of these Terms of Service, their violation of any law, or their violation of any rights of a third party.
4. Disclaimer of Warranties
Our services are provided “as is” and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement.
5. Content Posting and Consequences
While Social Fire takes utmost care to maintain the integrity and security of the accounts managed, we do not take responsibility for any consequences resulting from the content posted, including but not limited to account bans, lockouts, or other disciplinary actions taken by the social media platforms. We are also not responsible for any damage, material or reputational, caused by the content posted.
6. Payment
Payment is made via credit card or PayPal, and is recurring until cancelled. All sales are final. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
7. Data Privacy and Security
Social Fire takes privacy and data security seriously. User data is stored securely and is not shared or sold. In the event of an accidental data leak or breach, Social Fire will comply with all relevant laws and regulations and will notify users as soon as practicable.
8. Complaints and Disputes
Users should direct any complaints or disputes to their dedicated account manager. In the event of a dispute, users agree to first contact Social Fire to seek a resolution.
9. Content Guidelines
Social Fire reserves the right to refuse to post content that is prohibited by the policies of the relevant social media platforms, including but not limited to sexual content, drug-related content, and other inappropriate or illegal material.
10. Termination
Users may terminate their contract with Social Fire at any time by notifying their dedicated account manager. Social Fire may also terminate a user’s account under certain conditions, including but not limited to misconduct or misuse of the service. There are no termination fees or penalties. Upon termination, you will immediately lose all access to the Service and any data or information stored within your account.
11. Intellectual Property Rights
The intellectual property rights of the posts created by Social Fire belong to the user to the extent that the relevant social media platform allows. However, Social Fire retains the rights to the written content and may reuse this content for other clients. By using our services, you grant Social Fire a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
12. Dispute Resolution, Governing Law, and Venue
Any disputes arising out of or in connection with these Terms of Service, or in future agreements resulting therefrom, shall first attempt to be resolved through mediation. If mediation is unsuccessful, the dispute will be resolved through binding arbitration, with the party seeking mediation or arbitration bearing the costs. By using our services, you agree to waive the right to a trial by jury or to participate in a class action. These Terms of Service are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. The venue for all disputes arising under this agreement shall be in the state or federal courts located in Florida.
13. Force Majeure
Social Fire is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
14. Indemnification
In addition to the liability for user-provided content, you agree to indemnify and hold harmless Social Fire, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our services, including but not limited to your violation of these Terms.
15. Severability
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
16. Waiver
The failure of Social Fire to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
17. Entire Agreement
These Terms constitute the entire agreement between you and Social Fire and supersede any prior agreements, oral or written. Any changes to these Terms of Service must be made in writing and signed by an authorized representative of Social Fire.
18. Changes to the Terms of Service
Social Fire reserves the right to change these Terms of Service at any time. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.