User Agreement

This User Agreement (hereinafter Agreement) is an offer of AI SMM, hereinafter Administrator, to any person using the Service (hereinafter User) under the following terms.

Registering on the Service signifies absolute and unconditional acceptance of all of the terms and conditions of the Agreement by the User.

Terms and Definitions:

Service — AI SMM software package, located on the website https://ai-smm.com and owned by the Administrator. Designed for creating and posting scheduled publications on social networks.

Policy — a document defining the procedures of collection, processing, and protection of personal data.

Offer — a proposal of a contract regarding paid use of extra Service functionality.

Account — an arrangement by which the User is given personalized access to the Service. It allows the User to reach the Service functionality only available to the registered Users.

Content — information, documents, and/or other items, posted to the Service by the User or the Administrator.

  1. Subject Matter

    1. The Administrator provides the User a non-exclusive license to use the Service.
    2. The User shall use the Service in accordance with the Agreement, Policy and Offer.

  2. Service access

    1. The User shall undergo the registration procedure as offered by the Service.
    2. The User shall provide accurate personal information in the registration process. The required personal information is defined by the registration form.
    3. After receiving the User’s personal data, the Administrator shall send the Service hyperlink to the e-mail address indicated by User.
    4. From the moment the hyperlink is clicked, the User is given access to the Account and is considered registered on the Service.
      1. If the User has not received the link to the Service for any reason, they shall send a request for access to the Administrator using the e-mail address provided during the sign up process.
      2. After successful verification of the User’s e-mail address, the Administrator shall activate the Account. Access is considered provided the moment activation takes place.
    5. The User is entitled to access limited functionality of the Service via e-mail without undergoing the full registration procedure.
      1. To this end, the User shall employ Service functionality to log in to a social media account and enter their e-mail address into the corresponding field. After entering the address, the User is entitled to the use of restricted Service functionality that is limited to ten (10) Content publications.
    6. From the time of registration, the User is provided with a Trial Plan that includes trial access to the extended functionality of the Service for Seven (7) calendar days.
      1. The Administrator is entitled to extend the term of the Trial Period, of which the User shall be notified by e-mail.
      2. Upon expiration of the Trial Plan, the User is entitled to choose and pay for one of the Service Plans, otherwise all access to the extended functionality of the Service is revoked.
    7. The User is entitled to provide access to the Account to third persons.
    8. All of User’s Actions within the Service are considered to be done either by them in person, or their authorized representative.
    9. In case of security breach or loss of access to the Account, the User shall immediately notify the Administrator. After a successful check of the User/account information, the Administrator shall restore access to the Account.

  3. Intellectual Property Rights

    1. The Administrator shall have an exclusive right to the Service and its functionality, developed during the performance of Agreement.
    2. Non-exclusive license is limited to the “right of use”, meaning none of the Agreement provisions involve any level of exclusive rights to the Service being granted to the User.
    3. The Administrator shall grant the User the right to use the Service for the duration of Agreement.
    4. By uploading content to the Service, the User grants the Administrator the right to store and process Content for the purpose of fulfilling the Agreement.
    5. The time of storing the User’s Content on the Service shall be One (1) year from the date of its publication.
    6. The Administrator and/or other right holders shall have an exclusive right to the use of Content. Any use of the Service or Content, except for allowed uses / clear stated consent on the part of the right holder, is prohibited without the prior written consent of the right holder.

  4. Terms of Use

    1. The User is entitled to use the Service in accordance with its intended functionality.
    2. The scope of Service functionality can be found in the Account.
    3. The Administrator is entitled to restrict the use of select functions of the Service for all or some Users, as well as restrict the publication of certain information.
    4. The Administrator shall provide the User support and maintenance via chat and/or e-mail. The scope and extent of the support, expected response time, and communication channels are defined by the Administrator unilaterally.

  5. Parties’ Guarantees

    Administrator:

      1. guarantees legal rights to the Service.
      2. does not guarantee that the Service meets the expectations of the User, runs constantly, reliably, or flawlessly, or in a fast manner; or that the quality of any product, service, information etc. acquired via the Service will meet the expectations of the User.

    User:

    1. in case of partial or limited capacity, the User guarantees to the Administrator that they have the written consent of their legal representative on conclusion of the Agreement and processing of personal data. The acceptance on behalf of an incapable User shall be made by their guardian.
    2. guarantees the rights to Content and adherence to the Agreement, Offer and policies of the social network where Content is published.

  6. Prohibited Actions

    The User is forbidden to:

    1. Employ the Service by means not prescribed by the Agreement and the Offer, as well as violate the Privacy Policy;
    2. Exploit software errors of the Service for own benefit and forward information on such errors to third persons, excluding the Administrator;
    3. Make efforts to overcome the technical restrictions, set by the Service;
    4. Employ third party software or other tools to improve or automate functions of the Service;
    5. Impersonate employees of the Service support team, members of any of the support groups (administrators, moderators, consultants, etc.), former or current;
    6. Falsify or delete any information relating to the right holders of the Service or the Content;
    7. Decompile, disassemble, decrypt and perform other actions with the source code of Service;
    8. Employ the Service to post, distribute, store, transfer any form of Content that:
      1. is unlawful, harmful, threatening, defamatory, incites violence against any person or group of persons, incites cruel treatment of animals, calls for commission of illegal activities, including clarification of using explosives and other weapons, violates generally accepted moral standards and ethical norms, promotes hate and/or discrimination, and also contains negative and critical statements about religion, politics, race, ethnicity, gender, personal qualities, abilities, sexual orientation and appearance of third persons, contains insults to specific individuals or organizations;
      2. may be perceived as promoting certain political and religious views, LGBTQ+ relationships between minors, violence, smoking, drinking and drug use;
      3. violates the rights of minors;
      4. violates the rights of third persons to Content, intellectual property and means of individualization equated to them, rights to trade secrets, discrediting honor, dignity and business reputation of third persons, violating national and international law;
      5. contains confidential information;
      6. contains malware (viruses, worms, Trojans, or other similar computer files and software) designed for infringement, destruction, or disruption of functionality of any computer or telecommunication equipment (and its parts) to gain unauthorized access, including access to commercial software, by generating serial numbers, usernames, passwords, or software with such functionality; or other tools to get unauthorized access to paid materials;
      7. is spam;
      8. violates social media rules when using the Service;
      9. may be used for unlawful collection, storage and processing of personal data of other persons;
    9. Use obscene language in communication with the Administrator and/or the Administrator’s employees.

  7. Parties’ Liability

    1. Service and all its functions are provided “as is”. The User realizes and accepts any risks related to the use of Service.
    2. When using the Service, the User gets access to information and/or Content and may use it at their own risk, being solely responsible for any consequences of its use.
    3. The User is liable for:
      1. relevance, reliability, absence of claims of third persons related to the information submitted during registration;
      2. any Content published within the Service and the consequences of its use;
    4. The Administrator is not liable for:
      1. specialized resources and quality of public network channels, through which the access to the Service is provided, as well as interruptions in service provision by contractors and/or data processing and storage centers;
      2. any interruption in the performance of the Service, suspension of its functions and the subsequent loss of Content and/or any other information; impossibility of use of the Service in a certain area;
      3. any actions of the administrators of social media platforms affecting the Content, including change of publication rules;
      4. loss of access to any social media; incorrect or untimely publication of Content;
      5. any losses caused by the use of the Service or its certain parts or functions;
      6. to the User or any third parties for any data loss, and information published within the Service discrediting honor, dignity, and business reputation;
      7. any malfunctions of the personal computer, mobile device, or any other device of the User, that occurred while using the Service;
      8. consequences of loss or disclosure of the User’s information required to access the Service by the User;
      9. errors and/or violations related to employing the Service and caused by unlawful actions of the User’s employees or third parties;
      10. actions of third parties on impeding access to the Internet or software/hardware components of the Service;
      11. any interruption in the performance of the Service caused by force majeure: fires, floods, earthquakes, strikes, wars, actions of public authorities, or other circumstances beyond the Parties’ control. Force majeure circumstances shall be confirmed by a certificate from an authorized public body not later than Ten (10) working days from the beginning of said circumstances;
      12. any halt and interruption in the performance of the Service as a result of actions of public authorities, including law enforcement bodies, related to seizure and/or removal of the Service’s servers from the Administrator’s contractors, or any other impediments to the Service’s servers;
    5. If, without written consent or instruction from the Administrator, the User at any point attempts to get access to the source code of, make changes to, copy, prepare derivative materials of, decompile, or disassemble the Service, the Administrator is entitled to demand the User to pay a penalty for each case of such violation.

  8. Block/Deactivate Account

    1. The Administrator is entitled to immediately block the User’s Account if:
      1. The User breaches the terms and conditions of the Agreement and Offer.
      2. A complaint about the User’s violation of third party rights is received;
      3. A respective request from public authorities is received.
    2. User shall solely take all measures to stop the violation.
    3. In case of repeated rule violation and refusal to stop, the Administrator is entitled to unilaterally delete the Account or Content of the User.
    4. The Administrator shall delete User’s Account if there has been no activity for more than 12 months. If there are monetary funds in the Account, User has the right to request a refund by providing the payment details. The Administrator shall consider the complaint within 10 days from the date of its receipt.

  9. Protection of User’s Confidential Information

    1. By providing personal data, the User agrees to the processing of it (up until the withdrawal of said consent by the User), which includes collection, storage, depersonalization, transfer to third parties in the cases provided in the Policy, by the Service, in order to provide the User with advertising, reference information, and services in accordance with the functionality of the Website, as well as other purposes in accordance with the clauses of this Policy. In processing personal data, the Service is acting in accordance to the Law of the Republic of Moldova of July 8, 2011 No. 133 “On the protection of personal data”, taking into account the provisions of the General Data Protection Regulation of the European Union of April 27, 2016, other California, USA legislative acts and local regulations.
    2. The procedure for processing and protection of personal data is defined by the Privacy Policy.
    3. If the User processes personal data of third parties, the User shall solely be responsible for appropriate security measures to protect personal data according to requirements of Federal Law On Personal Data and regulations thereunder.

  10. Settling Disputes

    1. Parties shall follow the pre-court (extrajudicial) procedure of dispute settlement. Claims response time shall be Ten (10) working days from the moment of its receiving by the defendant party.
    2. If the dispute cannot be settled through out-of-court negotiation, then the dispute shall be referred to the court based on the Administrator’s location.

  11. Final provisions

    Messaging

      1. The Administrator may send the User notifications via e-mail or publish them on the Service. User is entitled to unsubscribe at any time by sending an e-mail to: info@ai-smm.com.
      2. Request — an email from the Partner to the Administrator sent to: info@ai-smm.com

    Other Provisions

    1. The Administrator is entitled to change or supplement the Agreement at any time and without prior notice of the User. The new edition of the Agreement shall come into force within seven (7) calendar days of its publication on the Service.
    2. The User shall solely inspect any changes and/or supplements to the terms of the Agreement.
    3. If the User continues the use of the Service after the Agreement is changed and/or supplemented, the User automatically agrees with, and accepts all changes and/or supplements.
    4. If any provisions of the Agreement are for any reason considered invalid or unenforceable, the validity and enforceability of the other provisions shall not be affected.
    5. Current version of the Agreement is available here.

Contact information and details:

Email: info@ai-smm.com