1. Agreement to Terms and Conditions
These terms and conditions establish a legally binding agreement between you, as an individual or representative of an entity (referred to as "you"), and MegaSocial, operating as MegaSocial and located at 4 Chemin de Lou Traoulet in Cestas - France (referred to as "we" or "us"), regarding your access to and use of MegaSocial's website (https://megasocial.io) and all related applications (referred to as "the Site").
The Site provides services (referred to as "Services") that enable customers to enhance their online presence and increase sales. By accessing the Site and/or the Services, you acknowledge that you have read, understand and agree to be bound by all of these Terms and Conditions. If you do not agree to all of these Terms and Conditions, you are not authorized to use the Site and the Services, and you must immediately cease using them. We recommend that you retain a copy of these Terms for future reference.
The additional policies set forth in Section 1.7 below, as well as any additional terms or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
We reserve the right to change these Terms and Conditions at any time. The updated version of the Terms and Conditions will be indicated by a "Revised" update date, and the new version will become effective as soon as it is available. It is your responsibility to review the Terms and Conditions regularly to stay informed of any changes. Your continued use of the Site constitutes your acceptance of any changes.
We may also update or modify the site from time to time to reflect changes in our products, our users' needs and/or our professionals.
It is important to note that our site is intended for residents of Europe and the United States. The information provided on the site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would require us to register in that jurisdiction or country.
The Site is intended for users who are at least 18 years old. If you are under 18, you may not register on the Site or use the Services without your parent's permission.
Other policies also apply to your use of the Site:
Our Privacy Notice https://megasocial.io/en/content/6-privacy-policy which describes how we handle your personal data that we collect from you or that you provide to us. By using the site, you consent to this processing and you warrant that any data you provide is accurate.
Our cookie policy https://megasocial.io/en/content/10-cookies which provides information about the cookies on the site.
2. Acceptable use
Use of the Site is restricted to the purposes for which we make it available. The Site is not to be used for commercial purposes unless expressly approved or supported by us.
As a user of the site, you agree not to:
Extract data or other content from the site in a systematic manner to create a database or directory without our written permission
Make any unauthorized use of the Site, such as collecting usernames or email addresses to send unsolicited email or creating user accounts under false pretenses
Bypass, disable or otherwise interfere with the security features of the Site, including those that prevent or restrict the use or copying of any Content or that impose restrictions on use
By using the Site, you agree not to create unauthorized frames or links to the Site.
You must not deceive, defraud or mislead us or other users, including by attempting to obtain sensitive account information, such as user passwords. In addition, you may not abuse our support services or submit false reports of abuse or misconduct.
Automated use of the system, such as the use of scripts to send comments or messages, or the use of data mining, robots or similar data gathering and extraction tools is prohibited.
You must not interfere with, disrupt or create an undue burden on the Site or the networks and services connected to the Site.
You may not attempt to impersonate any other user or person, or use the username of another user. You must not use any information obtained from the Site to harass, abuse or harm another person.
You may not use the Site or its contents in any effort to compete with us or to create a commercial enterprise or revenue-generating activity. In addition, you may not decipher, decompile, disassemble or reverse engineer any software that is part of the Site or any portion thereof in any way.
You may not attempt to access any part of the Site that you are prohibited from accessing.
Harassing, persecuting, intimidating or threatening our employees, agents or other users is prohibited.
Removing copyright or other proprietary notices from any Content is prohibited.
Copying or adapting the Site's software, including Flash, PHP, HTML, JavaScript or any other code, is prohibited.
Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or any other items that interfere with a third party's continued use and enjoyment of the Site, or any item that acts as a passive or active mechanism to gather or transmit information, is prohibited.
Using, initiating or engaging in automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers or similar data gathering and extraction tools, is prohibited.
Harming, discrediting or otherwise prejudicing our opinion, us and/or the Site is prohibited.
Using the Site in a manner inconsistent with applicable laws or regulations is prohibited.
Threatening users to leave negative feedback or offering services for the sole purpose of leaving positive feedback is prohibited.
Misrepresenting a user's experience, skills or information is prohibited.
Advertising products or services that we do not intend to offer is prohibited.
Falsely implying that you are affiliated with us or another company with which you are not affiliated is prohibited.
3. Content you provide to us
As a user of the Site, you may have the opportunity to post content or send us comments, which we refer to as "User Content. It is important to understand that your User Content will be accessible to other users of the Site and that they will be able to see who has posted it.
By posting User Content on the Site, you warrant that such content complies with our Acceptable Use Policy. If it does not, you will be held responsible and must indemnify us for any loss or damage resulting from such violation.
We reserve the right to remove any user content that we determine does not comply with our acceptable use policy.
We assume no responsibility for User Content, including any inaccurate or defamatory content, or for any loss of User Content. We have no obligation to screen or edit User Content, but we reserve the right to remove, screen and/or edit any User Content without notice. It is important to note that the opinions expressed by other users of the site do not necessarily reflect our own.
If you wish to report User Content posted by other users, please contact us at hostmaster@megasocial.io.
4. Our Content
Unless otherwise noted, the Site, the Services and our Content, including source code, databases, features, software, web designs, audio, video, text, photographs and graphics on the Site, are owned by or licensed to us, and are protected by copyright and trademark laws.
Except as expressly authorized by us in writing in advance, no part of the Site, the Services or our Content may be copied, reproduced, aggregated, republished, downloaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose.
However, if you have the right to use the Site, you are granted a limited license to access and use the Site and our Content, and to download or print a copy of any portion of the Content properly accessed, solely for your personal, non-commercial use.
You may not:
Attempt to gain unauthorized access to the Site or any network, server or computer system connected to the Site
Make any modifications, adaptations, additions or improvements to the Site or our content, including altering any hard or digital copies you have downloaded.
We agree to:
Prepare the site and our content with reasonable skill and care
Use industry standard virus scanning software to block the uploading of content containing viruses to the site.
The content of the site is provided for general information purposes only and should not be construed as advice on which you should rely. We recommend that you consult a professional or specialist before taking or refraining from taking any action based on the content of the site.
While we endeavor to keep the information on our site current, we make no representations or warranties, express or implied, as to the accuracy, completeness or currency of our content on the site.
5. Management of the site
We have the exclusive right to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who violates applicable laws or these Terms and Conditions; (3) deny, restrict access to, or disable (to the extent technologically feasible) the availability of your Contributions; (4) remove or disable all files and content that are excessive in size or burdensome to our systems; and (5) manage the Site to protect our rights and property and to ensure the proper functioning of the Services.
We cannot guarantee that the Site will be free of bugs or viruses, or that the security of the Site will be absolute.
You are responsible for configuring your information technology, computer programs and platform to access the Site, and you must use your own virus protection software.
6. Disclaimer of Liability
We do not warrant the accuracy or completeness of the content of the Site and we are not responsible for (1) any errors or omissions in the content; (2) unauthorized access to or use of our servers and/or any personal and/or financial information stored on our servers; (3) any interruption or discontinuance of transmissions to or from the Site or the Services; and/or (4) any bugs, viruses, Trojan horses or other malicious software that may be transmitted to or through the Site by any third party. If any event beyond our reasonable control results in a delay or failure to perform our obligations under the Terms and Conditions, we will not be liable.
The Site and the Services are provided on an "as is" basis and may be unavailable at any time. By using the Site and/or the Services, you assume the associated risks, except as expressly provided in the Terms and Conditions. All warranties, conditions and undertakings, express or implied, are excluded to the extent permitted by applicable law, including the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
Whether you are a consumer or a business user, our liability to you will not be excluded or limited where prohibited by law, including for death or personal injury caused by our negligence or that of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
In the event of a breach of these terms and conditions, we will be liable for foreseeable loss or damage resulting directly from our breach of these terms and conditions. However, we will not be liable for any loss or damage that was not foreseeable at the time you began using the Site/Services.
Notwithstanding anything to the contrary in the Disclaimer/Limitation of Liability section, our total liability to you, regardless of the cause or form of action, shall be limited to an aggregate amount equal to the greater of (a) £10, or (b) the amount, if any, paid by you to us for the services/site during the six (6) months prior to the cause of action arising.
If you are a consumer user, please note that our site is intended for home and private use only. You agree not to use our site for any commercial or business purpose. We will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If any digital content provided by us is defective and damages your device or digital content, we will repair the damage or pay you compensation if it is due to our lack of reasonable care and skill.
Please be aware that you have legal rights regarding defective or non-descript goods. You can obtain advice on your rights from the Citizens' Advice Bureau or the Trading Standards Office in your area. Nothing in these terms and conditions will affect these legal rights.
7. Changes and availability of the site
We reserve the right to change, delete or replace any content on the Site for any reason, at our sole discretion and without notice. We may also modify or discontinue any or all of the Services without notice at any time.
We cannot guarantee that the Site and the Services will be available at all times. We may experience hardware, software or other technical problems requiring maintenance that result in interruptions, delays or errors. We are not responsible for any loss, damage or inconvenience caused by your inability to access or use the Site or Services during any downtime or interruption of the Site or Services. We are not obligated to maintain and support the Site or Services or to provide any corrections, updates or releases.
The Site may contain inaccurate information, inaccuracies or omissions relating to the Services, such as descriptions, prices, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without notice.
8. Term and Termination
These Terms and Conditions will remain in effect for as long as you use the Site or the Services, or are a user of the Site. If you wish to terminate your use of or participation in the Site, you may do so at any time by following the instructions for terminating your user account in your account settings or by contacting us at hostmaster@megasocial.io.
We reserve the right to deny access to and use of the Site and Services to any person for any reason, including if you violate the Terms and Conditions or applicable laws. If we determine that your use of the Site or Services is in violation of these Terms and Conditions or applicable law, we may terminate your use of the Site or Services without notice.
If we terminate or suspend your account due to a violation of these Terms and Conditions or the law, you may not re-register under your name or the name of a third party, even if you are acting on behalf of that third party. We also reserve the right to take appropriate legal action for violations of these terms and conditions or applicable laws.
9. General
By visiting our site, sending e-mails to us and filling out online forms, you are communicating with us electronically. Accordingly, you agree to receive electronic communications from us, including agreements, notices, disclosures and other communications, by e-mail or on our site. You also agree that such electronic communications satisfy any legal requirement that such communications be in writing.
You consent to the use of electronic signatures, contracts, orders and other records, and to the electronic delivery of notices, policies and transaction records, whether by us or through our site. You waive any rights or requirements that require an original signature or the delivery or retention of non-electronic records, or payments or credits by means other than electronically.
These Terms and Conditions, together with any policies or operating rules we post on the Site or regarding the Services, constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. We may assign any or all of our rights and obligations to third parties at any time.
We will not be liable for any loss, damage, delay or failure to perform caused by events beyond our reasonable control.
If any provision or part of a provision of these terms and conditions is unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms and Conditions or use of the Site or Services.
For consumers, please note that these terms and conditions are governed by English law. You and we agree that the courts of England and Wales shall have exclusive jurisdiction. If you live in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you live in Scotland, you may also bring proceedings in Scotland. If you have a complaint or dispute in relation to the site, please follow this link: http://ec.europa.eu/odr.
MegaSocial is a registered trademark in France that you are not allowed to use without our consent.
10. Compliance with the agreement and additional guarantee
Contractor warrants that the products and/or services comply with the Agreement, the specifications set forth in the offer, reasonable requirements for reliability and/or usability and the legal provisions in effect at the time the Agreement is entered into and/or government regulations. If agreed, the contractor also warrants that the product is suitable for other than normal use.
The additional warranty granted to the contractor, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the contractor on the basis of the agreement if the contractor has not fulfilled its part of the agreement.
Additional warranty means any obligation of the contractor, his supplier, importer or producer by which he grants the consumer certain rights or claims that go beyond what is legally required in case the contractor has not complied with his part of the agreement.
11. Refund Policy
The refund policy states that customers can only be refunded in the event that their order has not been delivered in a timely manner, i.e. within seven days of the order being placed. If the delivery time is longer, the refund is possible after this period. However, if the order was delivered promptly and completely, no refund will be given.
It is important for us to protect the rights of consumers and to meet their expectations regarding refund policy. If a customer changes his or her mind after placing an order, a refund will only be given if the order has not yet been placed. If the order is in process or on hold, it has been considered placed and cannot be refunded. We take great pride in protecting the rights of consumers and maintaining a fair and transparent refund policy.
Since we ensure consumer rights, we also focus on the refund policy. Many consumers have questions about getting a refund. According to our refund policy, you can only get a refund if your order is not delivered on time.
However, if your order was delivered promptly and completely, we will not issue a refund. One of the most frequently asked questions is "If I change my mind after completing my order, can I cancel it and get a refund?
As far as our refund policy is concerned, we only give refunds if we have not yet placed an order. If your order is in the queue or being processed, it has been placed and we cannot issue a refund.
12. Back / returns
For returns, you don't have to pay anything and we'll refund 100% of your order.
13. Our services
MegaSocial has no connection with Instagram, TikTok, Youtube, Facebook, Twitter, Spotify, Twitch, Discord, Telegram or any of their third party partners in any way. By using MegaSocial, you are solely responsible for complying with the rules of these platforms and any applicable laws, and you assume the risks associated with their use.
We are not responsible for your actions or their consequences, and we will not be held responsible if your Instagram account is banned for any reason. We require your Instagram or TikTok username (for example) to obtain the information required for the Instagram or TikTok API, but we do not store, disclose, or distribute your username to third parties.
Please note that the number of followers, likes, and views you may get through our services cannot be guaranteed in any way. We cannot guarantee the continuous, uninterrupted or error-free operation of our services, and it is your responsibility to ensure that your account is set to "public" when using our service.
We reserve the right to change, suspend or discontinue all or part of our service or content at any time without notice and without incurring any liability. In addition, we use third-party advertising services to provide our service, and we are not responsible for the results obtained from the use of these services.
We do not create accounts or profiles using software tools, and we are not responsible for the use of such tools by our advertising vendors. If you have any concerns about our services and terms, you may contact us at hostmaster@megasocial.io.
By purchasing our services, you clearly acknowledge and agree to the terms and conditions associated with your purchase, and you agree not to initiate any fraudulent disputes via the payment processor. It is your responsibility to check regularly for changes to these terms.