Terms & Conditions

Terms and ConditionsTerms&Conditions ("Terms")Our Terms and Conditions were last updated on 01/12/2022.Please read these Terms and Conditions carefully before using Our Services. Thank you!Interpretation And DefinitionsInterpretationThe words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or the plural.DefinitionsFor the purposes of these Terms and Conditions:“Affiliate”  means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of a percentage of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.“Account” refers to a unique Instagram/TikTok account created by You to access ourService or parts of our Service.“Customer” (referred  to as either "the Customer", "You" or "Your" in this Agreement)refers to the individual accessing or using the Service, EngagementBoost, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.“EngagementBoost.com” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)refers to EngagementBoost.com.“Content” refers to content such as text, images, videos, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.“Feedback”   means   feedback,   innovations,   or   suggestions   sent   by   You   regarding   the attributes, performance, or features of our Service.“Service” refers to the service provided by the Company as advertised on the Website.“Terms and Conditions”   (also   referred   to   as   "Terms")   mean   these   Terms   andConditions that form the entire agreement between You and the Company regarding the use and access of our Social media services (hereby referred to as “Service”).“Third-party Social Media Service”   means   any   services   or   content   (including   data, information,   products,   or   services)   provided   by   a   third   party   that   may   be   displayed, included, or made available by the Service.“Website” refers to EngagementBoost.com accessible from EngagementBoost.com. AcknowledgmentThese are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.Your   access   to   and   use   of   the   Service   is   conditioned   on   Your   acknowledgment   of   and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.By visiting Our Website and/or purchasing a subscription, You engage in Our Service and agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms andConditions then You should not access the Service. Any new features or tools which are added to the current Service shall also be subject to theTerms and Conditions. You can review the most current version of the Terms at any time on this Website. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to Our Website. It is the Customer’s responsibility to check this page periodically for changes. Continued use of the Service or access to the Website following the posting of any changes constitutes acceptance of those changes.The   Company   is   not   associated   with   or   makes   a   claim   to   be   affiliated   with,   authorized, maintained,   sponsored,   or   endorsed   by   Meta   Platforms,   TikTok,   or   any   of   its   affiliates   or subsidiaries.It   is   the   sole   responsibility   of   the   Customer   to   comply   with   Instagram/TikTok   rules   and guidelines, and any legislation to which they are subject. The Customer uses the Service at their own risk. The Company is not responsible for any restrictions on the Customer’s Account thatInstagram/TikTok may enforce as a result of using the Service to build and grow the Account.We do not guarantee the number of followers You will receive and if they will be real individuals.We also do not guarantee the connection to be stable or permanently connected to Instagram or its API at any given time.Your   access  to  and  use  of  the  Service  is  also  conditioned  on  Your   acknowledgment  of  and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service or the Website and tells You about Your privacy rights and how the law protectsYou. Please read Our Privacy Policy carefully before using Our Service.To provide the Service We require the Customer's username and password for the social mediaAccount they are subscribing to the Service. The Customer's password is securely encrypted according to the latest industry standards. We do not store, share, or otherwise distribute the password to any third parties. We will not post or comment on any accounts on the Customer Account’s behalf. By   connecting   Your   social   media   Account   and   sharing   Your   username   and   password,   You consent to a login from one of Our hubs, which may be in a different geographical region. TheCompany is not responsible for loss, gain, or other change of any region-specific features ofYour social media Account as a result of using the Service.The Company does not make any claims as to the ownership of these Accounts to which We have been given access. Customer ResponsibilitiesYou represent that You are over the age of 18. Services We provide are strictly unavailable to children under the age of 18. When You create a subscription with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may   result   in   immediate   termination   of   the   Service   and   will   not   result   in   any   payment reimbursement.You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or aThird-Party   Social   Media   Service.   The   Customer   is   responsible   for   maintaining   the   current password to be provided with the Service.You may not use the Account or payment information of another person or entity other than You without appropriate authorization. You may not use Our Service for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). You must   not   transmit   any   worms   or   viruses   or   any   code   of   a   destructive   nature.   A   breach   or violation of any of the Terms will result in an immediate termination of Your Services without being eligible for a refund.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of   the   Service,   or   access   to   the   Service   or   any   contact   on   the   Website   through   which   theService is provided, without written permission by Us.ContentOur Service allows and encourages You to post Content. You are responsible for the Content that You post while using the Service, including its legality, reliability, and appropriateness.The   Company   is   not   responsible   for   the   content   of   the   Service's   users.   You   expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third party using Your Account.You   may   not   transmit   any   unlawful   Content,   offensive,   upsetting,   intended   to   disgust, threatening,   libelous,   defamatory,   obscene,   or   otherwise   objectionable.   Examples   of   such objectionable Content include, but are not limited to, the following:Unlawful or promoting unlawful activity. Defamatory, is criminatory, or mean-spirited content, including references or commentary   about   religion,   race,   sexual   orientation,   gender,   national/ethnic   origin,   or other targeted groups.Containing or installing any viruses, worms, malware, trojan horses, or other content that is   designed   or   intended   to   disrupt,   damage,   or   limit   the   functioning   of   any   software, hardware,   or   telecommunications   equipment   or   to   damage   or   obtain   unauthorized access to any data or other information of a third person.Infringing   on   any   proprietary   rights   of   any   party,   including   patent,   trademark,   trade secret, copyright, right of publicity, or other rights.Impersonating   any   person   or   entity   including   the   Company   and   its   employees   or representatives.Violating the privacy of any third person.False information and features.The Company can also limit or revoke the use of the Service if You post such objectionableContent. As the Company cannot control all content posted by users and/or third parties using the Service, You agree to use the Service at Your own risk. You understand that by using theService   You  may  be   exposed   to  content  that   You   may  find  offensive,   indecent,  incorrect,   or objectionable, and You agree that under no circumstances will the Company be liable in anyway for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content or the Service itself.Intellectual PropertyThe   Service   and   its   original   content   (excluding   Content   provided   by   You   or   other   users),features, and functionality are and will remain the exclusive property of the Company and its licensors. The   Service   is   protected   by   copyright,   trademark,   and   other   laws   of   both   the   Country   and foreign countries.Our trademarks and trade dress may not  be used  in connection with any product or service without the prior written consent of the Company.Service Delivery. The   Service   focuses   on  bringing   the   attention   of   real   users  to   Your   Instagram   Account   with goals that may include increasing followers and followers’ engagement. The expected quantity and/or   quality  of   followers  and   followers’   engagement   is  not   guaranteed   to   You   in  any   way.Regardless of any perceived representation to the contrary, the Company in no way guarantee specific   results   to   the   Customer.   You   understand   that   You   are   paying   Us   for   our   effort   to generate   results,   but   that   results   are   never   guaranteed   as   there   are   many   factors   involved some of which are out of Our control. Moreover, We cannot protect You from spam, fake, or inactive followers, as it is not always possible to avoid them. It is understood that the Company has no control over Instagram if they decide to change its platform.We cannot guarantee the continuous, uninterrupted, or error-free operability of the services.It   is   the   sole   responsibility   of   the   Customer   to   provide   updated   passwords   to   the   Company during their use of the Service. Any downtime of service concerning a Customer not providing their current password will not result in any payment reimbursement for that period.The company reserves the right to refuse to provide the Service to anyone for any reason and the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.Prices   of   the   Service   are   subject   to   change   without   notice.   The   Company   will   always   try   to contact   its   Customers   prior   to   any   pricing   changes.   Existing   billing   agreements   will   not   be affected. The Company shall not be liable to the Customer or any third party for any modification, price change, suspension, or discontinuance of the Service."AS IS" And "AS AVAILABLE" DisclaimerThe Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without   warranty   of   any   kind.   To   the   maximum   extent   permitted   under   applicable   law,   theCompany, on its behalf and on behalf of its Affiliates and its and their respective licensors and service   providers,   expressly   disclaims   all   warranties,   whether   express,   implied,   statutory,   or otherwise, concerning the Service, including all implied warranties of merchantability, fitness fora particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.TerminationWe may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminateYour Account, You may simply discontinue using the Service by canceling Your subscription(not just turning off the interactions on Your used dashboard).The Customer Is Bound To Contract (Subscription) PeriodsThese Terms remain in effect until the end of the Customer's billing cycle. The Customer is entitled   to   cancel   their   subscription   with   the   Company   without   given   reason   by contacting the Company, as outlined in the "Contact Us" section of this document, at least 24 hours before the end of the Customer's current billing cycle. Otherwise,   theCustomer is obliged to fulfill the last month of the billing prior to cancellation. Please note that pausing an Account by turning off the interactions manually on Your user dashboard does not cancel the subscription and related charges.The Customer Agrees To The Limitation Of LiabilityThe Company may not be held liable for any potential damages incurred. In no event will theCompany have any liability to the other for lost profit, revenue, or any circumstantial, incidental, consequential,   punitive,   or   other   forms   of   damages   however   they   may   have   been   caused, whether   in  contract  or   under   any  other   theoretical  circumstance  of  liability  and  regardless  of whether   the   Client   has  been   advised  of   the   possibility   of   the   aforementioned  damages.   TheClient will have no financial liability to the Company for a breach of these Terms. The   Customer   Agrees   To   The   Refund   Policy   As   DescribedRefund requests are reviewed on a case-by-case basis. The refund policy as described in theTerms does not serve as a guarantee of any payment reimbursement.You agree to contact the Company for a refund if necessary. The Company reserves the right to issue a full, partial, or prorated refund based on its discretion. You also agree not to file any fraudulent claim to chargeback or dispute charges against the Company. In the event that theService   can   no   longer   be   provided,   the   Company   reserves   the   right   to   deny   any   payment reimbursement and discontinue the Service at any time. Please be advised growth is relative, and   while   We   will   strive   to   provide   the   best   results,   these   may   vary   depending   on   Account quality, content, niche, etc. The quantity and quality of followers, engagement, or any other form of growth are not guaranteed.If   Your   refund   is   approved   and   within   the   Terms,   it   will   be   processed,   and   a   credit   will automatically be applied to Your original method of payment within 3-10 business days.When  subscribing   to  our  Service,   the  Customer   agrees  to  pay  and  take  responsibility  for  all charges made following the chosen plan and these Terms. Quarterly And (Semi)Yearly Plan SubscriptionsYearly, quarterly and other plans that are charged for several months up-front are offered   at   a   significant   discount,   and   as   such,   are   non-refundable.   For   untimely cancellations and in extreme circumstances, Your remaining subscription time can be converted into non-refundable credits at the Company's sole discretion. These credit scan be transferred to any other subscription on the Customer's Account. Should a refund for   a yearly, quarterly, or other plan subscription   be   provided   at   the   discretion   of   theCompany,   the   Company  may  offer   only  a   partial   refund  following  the  remaining  time  on   theSubscription minus the discount offered on the price. Loss Of Access To ServiceRefunds for any subscription type due to loss of access to a Service related to Instagram/TikTok will be honored at the sole discretion of the Company. This may include loss of access to anAccount and loss of access to features within a social media app.Paused Interactions Or Account Is DisconnectedPausing an Account by turning off the interactions manually on Your user dashboard does not cancel the subscription and related charges. The pause functionality serves to temporarily stop activity on Your Account. It does not pause the subscription itself, meaning it does not affect the time until the subscription is renewed or the billing date. We do not credit additional days for the paused period. It   is   the   sole   responsibility   of   the   Customer   to   ensure   that   their   social   media   Account   stays connected to the Service. The Company will not offer any reimbursement or compensation for down time that resulted from a failure to stay connected to the 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. Service LevelWhile the Company strives and uses its resources to offer the highest level of Service to theCustomer, it is not possible to guarantee any specific level of performance. The Service level is limited   by   various   factors   including,   but   not   limited   to,   the   Customer's   user   dashboard configuration, targeting settings, and connection status, as well as general factors such as their social media Account history, Trust Score, and overall posting and browsing habits. As such, performance varies greatly depending on these factors, and refunds cannot be issued based onService Level concerns.Recurring Subscription Billing AgreementShould a refund request be submitted by the Customer due to the Customer not being aware of a  recurring subscription,  the  Company  can  fulfill said  requests  at  its  sole  discretion.  It is  the responsibility   of   the   Customer   to   understand   the   nature   of   their   Billing   Agreement,   which   is expressly   mentioned   in   the   Pricing   section   of   the   Website,   as   well   as   during   the   checkout process of the Company's designated payment provider.Unexpected ServiceShould the Customer  request a refund on  the  basis  that the service  is not as  expected,  theCompany can fulfill such refund requests at its sole discretion and only within 30 days of the initial purchase. The Company is under no obligation to fulfill refund requests in the event theCustomer   claims   service   is   not   as   expected.   The   Customer   is   expected   to   read   and acknowledge the nature of the Service and all of its features, as well as to get familiar with theTerms   and   Privacy  Policy  before   purchasing  the   service.   We   do   not   offer   refunds   based   onCustomers  not   being  informed  of   the  service  functionality  and  results,  as  described   in  theseTerms. If You have any additional questions about a specific feature, functionality, or company policy please contact the Company prior to the purchase.Untimely CancellationWhen canceling a subscription, the Company will continue to provide the Service until the end of the current billing cycle. The Company is not obligated to offer any form of compensation or reimbursement should the Customer choose to cancel their subscription and continue using theService until the end of their current billing cycle.Should   the   Customer   cancel   the   subscription   with   the   Company   in   an   untimely   fashion,   theCompany can fulfill said refund request at its sole discretion. In most instances, the Customer is offered Services for the rest of the paid month. Should an untimely cancellation occur within a reasonable   timeframe   as   determined   by   the   Company,   the   Customer   may   be   eligible   for   a refund. If You have contacted us at least 24h before Your next billing date and still got charged, please contact Us back so We can process the refund. InactivityThe   Service   works   within   the   limits   set   by   Instagram   for   every   specific   Account,   which   are affected by a variety of factors, including the Account history, Trust Score, and overall posting and browsing habits. As such, it is impossible to guarantee a minimum interaction uptime for every specific Account. While the Company cannot issue a refund for something outside of Our control, We want to make sure every Customer has an excellent user experience. In case of downtime, Your subscription will be extended or promotional credits will be issued. Should the Customer request a refund due to account inactivity as caused by technical issues, the Company may issue a refund at its sole discretion. Refunds in such instances are typically fulfilled when the issue cannot be solved within a reasonable timeframe as determined by EngagementBoost. As such, refund requests are reviewed on a case-by-case basis.Double ChargeShould the Customer enter an additional billing agreement with the Company that renders the first   billing   agreement   obsolete,   the   Customer   may   be   double-charged   by   mistake.   In   such instances,   the   Company   shall   always   endeavour   to   refund   the   Customer   in   a   reasonable timeframe as determined by the Company.Disputes ResolutionIf You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.Changes To The Terms And Conditions And Website InformationWe reserve the right, at Our sole discretion, to modify or replace these Terms and the content of the Website, including prices, at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.Your Feedback to UsYou assign all rights, titles, and interests in any Feedback You provide the Company. If for any reason   such   assignment   is   ineffective,   You   agree   to   grant   EngagementBoost a   non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.Contact UsIf You have any questions about these Terms and Conditions, or any of the Service features,You can contact us:by visiting this page on our website:www.engagementboost.com by sending us an email:[email protected]