Terms of Service

Last updated on: Sep 22, 2018

General Terms

SocialCaptain reserves the right to change this Agreement at any time, at its sole discretion. If SocialCaptain makes any changes, it will notify Users at the email address provided by each User, and it will post any such changes here. The Services are provided by Next Series Development LLC, located in Vienna, VA 22182, United States. You are responsible for reviewing any such amendments. Your continued use of SocialCaptain after posting of an amended agreement constitutes your acceptance of any such modified terms.

Site Terms of Use Updates

SocialCaptain may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Subscription

As long as User has a Paid Subscription to SocialCaptain, subject to the terms and conditions of this Agreement, User shall have access to use SocialCaptain for the valid dates of User’s Paid Subscription. From time to time, SocialCaptain may change, modify, or upgrade the functionality or appearance of SocialCaptain, which may include the removal of functionality, content, or integrations. SocialCaptain will be down at certain points for maintenance and upgrades. SocialCaptain does not and cannot guarantee that User will have continual access or that any particular content will be distributed to the Social Media Platforms.

Company’s Intellectual Property

The platform is the property of SocialCaptain, and contains information and data which is protected by copyright, trademark, trade secret, and other such intellectual property laws. User agrees to abide by all copyright notices and trademark restrictions.

License

Subject to the terms and conditions of this Agreement, SocialCaptain grants User a non-transferable, non-assignable, limited, non-exclusive, revokable license to use SocialCaptain only as permitted in this Agreement, for the term of User’s Paid Subscription. The password and login information that is assigned to User must be kept confidential, may only be used by User personally, and may not be shared, given, rented, or assigned to any other persons.

Payments

Monthly subscriptions may be paid via credit card, as specified in your SocialCaptain account. Overdue amounts, including bounced 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. SocialCaptain shall have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in collecting overdue amounts. You agree that upon purchasing our service, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via the payment processor. We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.

User Restrictions

User may not and may not allow others to: (a) sell, rent, lease, license, sublicense, or assign use of SocialCaptain to others; (b) reverse engineer, decompile, disassemble, or otherwise derive the source code from SocialCaptain; (c) alter, modify, adapt, reconfigure, or prepare derivative works of SocialCaptain; (d) copy, extract, summarize, distribute, or otherwise use SocialCaptain in any manner which competes with or substitutes for SocialCaptain's distribution of the platform to its customers; (e) use SocialCaptain to violate the CAN-SPAM Act or the laws of any applicable jurisdiction; (f) use SocialCaptain to abuse, defame, harass, threaten, or post illegal content; (g) use SocialCaptain to transmit a virus, Trojan horse, worm, hack, or any harmful content; (h) use SocialCaptain to gain unauthorized access to SocialCaptain or any Social Media Platform; or (i) use SocialCaptain to post content that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property. User will promptly notify SocialCaptain if User’s account has been subject to a security breach, including disclosure of your username or password, or if User has had a security breach to any of User’s integrated Social Media Platform accounts.

Renewals, Refunds, and Cancellation

Subscriptions automatically renew each month, and you agree that SocialCaptain may process the payment method provided on the agreed renewal date. You may elect to cancel your Subscription at any time. If you cancel your Subscription within 24 hours of your initial upgrade, you will receive a refund of up to one month of your Paid Subscription fee. Any subsequent cancellations are not subject to refund.

Service

SocialCaptain is not affiliated with Instagram, Facebook or any Instagram third-party partners. Due to the various factors involving the organic automation process, the expected number of followers, likes, and comments is not guaranteed to you in any way. It is the sole responsibility of the client to provide updated passwords to SocialCaptain during their use of the SocialCaptain service. Any downtime of service in relation to a client not providing their current password will not result in any payment reimbursement for that period of time.

Disclaimer and Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, COMPANY DOES NOT MAKE ANY WARRANTY REGARDING SocialCaptain, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH SocialCaptain, INCLUDING INTEGRATION WITH SOCIAL MEDIA PLATFORMS. SocialCaptain IS LICENSED TO USER “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED, AND BOTH COMPANY AND SocialCaptain EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS, SOFTWARE, CONTENT, SUPPORT, DOCUMENTATION, INFORMATION, PRODUCTS, OR SERVICES WHICH ARE PART OF SocialCaptain; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY THAT SocialCaptain WILL ALWAYS BE AVAILABLE, ERROR-FREE, ACCESSIBLE, TIMELY, OR SECURE. COMPANY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR USER CONTENT OR THE BEHAVIOR OF SOCIAL MEDIA PLATFORMS. IN NO EVENT WILL COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE TO USER FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY SocialCaptain, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, THE DOCUMENTATION, OR ANY ERRORS OR OMISSIONS IN SocialCaptain OR THE INTEGRATION WITH SOCIAL MEDIA PLATFORMS, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, HACKING, TAMPERING, UNAUTHORIZED USE, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF SocialCaptain OR SOCIAL MEDIA PLATFORMS, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, DATA LOSS OR CORRUPTION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE SocialCaptain OR SOCIAL MEDIA PLATFORMS, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO COMPANY BY OR ON BEHALF OF USER IN CONNECTION WITH SocialCaptain IN THE THREE (3) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH SocialCaptain, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, THE SOFTWARE, THE CONTENT, THE SUPPORT, AND/OR THE DOCUMENTATION. USER ACKNOWLEDGES THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT USER’S SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW FOR SOME OF THE LIMITATIONS OR EXCLUSIONS AS SET FORTH HEREIN. USER MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of SocialCaptain.