Terms and Conditions
Last updated: April 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The 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 singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Sofia, Bulgaria
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Socialscore (DSNTech LTD)., Sofia, Bulgaria.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
“Aggregated Data” means data or information provided by Customer to SocialScore, created by SocialScore or generated in the course of using the Services that is anonymized and/or de-identified wherein the data does not identify or enable identification of the Customer, the Authorized Users, or any natural person.
“Authorized User” means the person that Customer allows to access and use the Services on its behalf by sending an invitation via the Services.
“Confidential Information” means any and all information or data, in whatever form or storage medium, whether tangible or intangible, and whether disclosed directly or indirectly before or after the conclusion of these Terms of Service by or on behalf of the Discloser to the Recipient in writing, orally, through visual means, or by the Recipient’s evaluation, observation, analysis, inspection or other study of such information, data or knowledge, which is now or at any time after the conclusion of these Terms of Service owned or controlled by the Discloser. Confidential Information shall also include any information which, by its nature, would reasonably be considered to be of a confidential nature either intrinsically or due to the context and circumstances in which it was disclosed.
“Control” means the ownership of, or power to vote in respect of, at least 50% of the voting stock, shares or interests of an entity.
“Custom Agreement” means the agreement for providing the Services that was individually negotiated and duly executed by SocialScore and Customer.
“Customer Data” means all data and information that Customer provides to SocialScore in relation to the Services. Aggregated Data and Feedback are not Customer Data.
“Data Processing Agreement” means the data processing agreement that is incorporated herein by reference.
“Data Protection Legislation” means any and all international, federal, state, provincial and local data privacy laws applicable to Customer, such as, by way of example, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”), the UK Data Protection Act 2018, the California Consumer Privacy Act of 2018 and other relating laws, rules, regulations, directives and governmental requirements currently in effect and as they become effective.
“Data Sharing Addendum” means the data sharing addendum that is incorporated herein by reference.
“Discloser” means a party disclosing its Confidential Information to the Recipient.
“Fees” mean the fees paid or payable by Customer as set forth in a Plan or a SocialScore Order.
“Intellectual Property Rights” mean all registered or unregistered rights in patents, inventions, designs, copyright and related rights, rights in software, database rights, knowhow and Confidential Information, trademarks and related goodwill, trade names and rights to apply for registration in related to these; All other rights of similar nature or having an equivalent effect anywhere in the world that currently exist or are recognized in the future; All applications, extensions, continuations and renewals in relation to any such rights.
“Permitted Third-Party Recipients” mean Recipient’s and its Affiliates’ owners, employees, agents, contractors, financial, legal and other professional advisors who need access to the Confidential Information for the purposes of exercising the Recipient’s rights or carrying out its obligations specified in these Terms of Service.
“Personal Data” means personal data as defined under applicable Data Protection Legislation.
“Plan” means additional specific terms and conditions pursuant to which the Services are offered to Customer that regulates, including, but not limited to, the pricing structure, the Fees and the Subscription Term, and is specified on the then-current applicable pricing page(s) on the Website.
“Recipient” means a party receiving Confidential Information from the Discloser.
“Services” means the services that SocialScore directly offers from time-to-time through the Website, including the use of the Website itself.
“Subscription Term” means the period of time Customer and its Authorized Users are entitled to access and use the Services.
“Open Source Software” means software components subject to the terms and conditions of open source software licenses.
“Third-Party Services” means any service that is offered by a third party other than SocialScore that is related to the provision of the Services in any way.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Grant of License. Solely for purposes of using the Services in accordance with these Terms of Service, and subject to Customer’s and Authorized Users’ compliance at all times with these Terms of Service, SocialScore grants Customer a personal, limited, non-exclusive, non-transferable, revocable and terminable license to use the Services as set forth in these Terms of Service and Customer’s Plan or SocialScore Order.
Ownership. The Website, the Services and their content, features and functionality and the Aggregated Data are owned by SocialScore or its licensees, and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All such rights are reserved. All trademarks are the property of SocialScore or their respective owners. Except and solely as expressly granted to Customer in Section above, SocialScore reserves all rights of ownership of any kind to itself and its applicable licensees. Without limitation on the foregoing, the license grant in Section above does not include a right to adapt or create derivative works of any material owned by SocialScore.
Updates, Changes, New Features. SocialScore may update or otherwise change the Website and the Services (or any part thereof) from time-to-time in its sole discretion. New, enhanced or additional features that SocialScore releases as part of the Services shall be subject to these Terms of Service. SocialScore may provide notice to Customers of major updates or changes to the Services.
Support. SocialScore shall provide support for the Services according to the terms specified in the Support Terms. As part of providing support to Customer or otherwise at the request of Customer, SocialScore acts at the instruction or by permission of Customer made by or through the Services, and SocialScore shall not be in any way liable or responsible for such actions. Beta Offerings and Evaluation Offerings are not subject to any support obligations.
Services Documentation. SocialScore provides Documentation for the Services. SocialScore is not obliged to provide Documentation for Beta Offerings or Pilot versions.
Personal Data. SocialScore processes Personal Data when providing the Services pursuant to the provisions of the Data Processing Agreement and the Data Sharing Addendum as applicable, within the scope and extent as defined therein or pursuant to the Data Protection Legislation.
Reporting, Cooperation and Governmental Compliance. SocialScore reserves the right to report any breach by Customer of these Terms of Service to the relevant law enforcement authorities. SocialScore reserves the right to cooperate fully, at all times, and in any way SocialScore determines it necessary, proper, or advisable with any law enforcement or other governmental authorities with applicable jurisdiction.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the 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 Socialscore, accessible from https://socialscore.io
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
General responsibilities. Customer shall, at all times, comply with these Terms of Service, including, but not limited to:
Customers shall be legally able to be bound by these Terms of Service in accordance with the Website’s process(es) for accepting these Terms of Service. Customer represents and warrants that Customer has all rights, power, and authority necessary for complying with these Terms of Service.
The Customer has access to the Account with its password and email address. Customer shall ensure that the email address and password, that are provided to create an Account at the Website, are valid, up-to date, correct, accurate, free of errors and comply with industry-standard password complexity. Customer may freely correct the email address and password on the Account page. Customer may always contact SocialScore at the available support channels to have administrative errors corrected.
Customer is responsible for all activities that occur under or in connection with Customer’s and Authorized User’s Account, including for all activities of the Authorized Users.
Customer is responsible for configuring login credentials, and other information and data securely. Customer shall be responsible for configuring its systems, information technology, as well as identifying and authenticating all Authorized Users, for approving access by Authorized Users to the Service.
Customer must immediately notify SocialScore (i) if Customer knows or has reason to suspect that anyone other than Customer or the Authorized Users knows or has access to Customer’s or Authorized Users’ login credentials; (ii) if Customer becomes aware of, or has reason to suspect any unauthorized use of Customer’s or Authorized Users’ Account; or (iii) if Customer becomes aware of, or has reason to suspect any other breaches of security related to the Services. SocialScore reserves the right to delete or change Customer’s and Authorized Users’ login credentials at any time and for security reasons and shall provide prompt notice to Customer thereof. Customer must treat all information related to the security of the Services, such as Customer’s password, confidential.
Customer Grant of Rights, Permissions. Account Security.
License to Customer Data. By submitting any Customer Data to SocialScore, Customer grants SocialScore a worldwide, royalty-free, non-exclusive, transferable, terminable license of the Intellectual Property Rights solely as and to the extent necessary for the provision of the Services to Customer as set forth in these Terms of Service, including to analyse and improve the existing features and to develop new features of the Services. In case of Beta Offerings/Pilot, this license includes carrying out testing and evaluation of the results of the testing of Beta Offerings/Pilot.
Responsibility for Customer Data. Customer remains solely responsible for all its Customer Data and represents that it has (and will have) all rights that are necessary to grant SocialScore the rights in the Customer Data under these Terms of Service. Customer further represents that the Customer Data will not, in so far as it relates to SocialScore, infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Further, Customer shall not provide any Customer Data that is not relevant to the Services. Customer represents and warrants that the Customer Data it provides during its use of the Services does not fall under any country-specific prohibition on the transfer of Personal Data.
Aggregated Data. To the extent, if any, that these Terms of Service does not provide SocialScore with full ownership, right, title and interest in and to the Aggregated Data, Customer hereby grants to SocialScore a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable right to use, copy, modify, adapt, prepare derivative works from, distribute, publish, perform, and display Aggregated Data in all media formats and channels now known or later developed. Customer agrees that SocialScore may use Aggregated Data on a non-confidential basis.
Feedback. Customer agrees that SocialScore may use Feedback without compensation or obligation to Customer on a non-confidential basis. Customer hereby grants to SocialScore a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable right to use, copy, modify, adapt, prepare derivative works from, distribute, publish, perform, and display Feedback in all media formats and channels now known or later developed. Customer further agrees that SocialScore may remove metadata associated with any Feedback. Customer irrevocably waives any claims and assertions of moral rights or attribution with respect to Feedback. Customer hereby authorizes SocialScore to contact the Authorized Users or other contributors of Customer to participate in surveys, testing or interviews with SocialScore.
Authorized Users. All Customer obligations under these Terms of Service shall apply fully to the Authorized Users. Customer is solely responsible to ensure that the Authorized Users access and use the Website and Services in full compliance with these Terms of Service. Customer is solely responsible for all conduct and activities of Authorized Users and any other person who accesses and uses the Website and the Services using Customer’s or Authorized User’s login credentials and Customer assumes all liability towards SocialScore therefore.
Customer will comply with all applicable Sanctions Regimes, and will complete all undertakings required by the Sanctions Regimes. Customer represents and warrants that Customer and its Affiliates, and the executive officers, employees, owners and ultimate beneficiaries of these companies are not subject to any restrictions under the Sanctions Regimes nor are they otherwise owned or Controlled by or acting on behalf of any person targeted by Sanctions Regimes. Customer undertakes to notify SocialScore immediately if any change occurs in the status of this warranty statement.
If SocialScore has any reason to believe that Customer is subject to any restrictions under the Sanctions Regimes, SocialScore has the right to terminate, suspend or limit Customer’s and Authorized User’s access to the Services and the Website, terminate or discontinue the Plan or (any part of) the Website and the Services, or unilaterally terminate these Terms of Service at any time with immediate effect without refunding or compensating Customer and without further investigation or other action. Notwithstanding the foregoing, the obligation to conform to all Sanctions Regimes is the obligation of Customer, and failure to do so shall be deemed an uncurable material breach of these Terms of Service.
These 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 acceptance 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 accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Fees and Approved Payment Methods. Customer shall pay Fees to SocialScore as set out in the applicable Plan. Customer shall pay the Fees via a valid and approved payment method as indicated in the applicable Plan. Customer authorizes SocialScore to collect all Fees due (including Fees due upon auto-renew) by way of such payment method provided by Customer in Customer’s Account. All amounts paid under these Terms of Service are non-refundable. SocialScore may decide to provide refund in its sole discretion.
Trial-period. Trial-periods may be applicable as set out in the applicable Plan.
Failure to Pay, Late Payments. If, for any reason, SocialScore cannot collect the Fees due for whatever reason, SocialScore reserves the right to terminate. Without limitation on SocialScore’s other rights and remedies, if Customer is overdue on any payment, and fails to pay within ten (10) business days of a notice of the overdue payment, SocialScore may charge a late fee.
Invoicing and Taxes. SocialScore will issue invoices as required in accordance with applicable laws. Customer is solely responsible for, and will pay all applicable sales, use, service, value-added, consumption or other taxes associated with any payment made to SocialScore.
Fee Disputes. If Customer disputes any fees or taxes, Customer must act reasonably and in good faith and cooperate diligently with SocialScore to resolve the fee dispute. Customer must notify SocialScore in writing if Customer disputes any portion of any fees paid or payable by Customer pursuant to these Terms of Service. Customer must provide that written notice to SocialScore within ten (10) days of the date SocialScore issued the invoice to Customer for the fees Customer intends to dispute. SocialScore will work together with Customer to resolve the dispute promptly. SocialScore shall not be required to provide access to the Services during the fee dispute.
Fee Changes. SocialScore may increase or decrease Fees (including the applicable calculation formula specified by the Plan) upon not less than thirty (30) days’ prior notice to Customer. The changes will become effective as indicated in the relevant notice. If Customer does not agree to pay the increased Fees, Customer may terminate these Terms of Service with immediate effect. SocialScore may, from time-to-time, and in its sole discretion offer temporary discounts subject to rules and requirements as determined by SocialScore in its sole discretion.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
When You create an account with Us, You must provide Us 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 Your account on Our Service.
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 a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We 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.
SocialScore may, at its option, terminate, suspend or limit Customer’s and Authorized User’s access to the Services and the Website, terminate or discontinue the Plan or (any part of) the Website and the Services, or unilaterally terminate these Terms of Service, with or without cause, by giving not less than thirty (30) days’ written notice to Customer. The termination shall be effective upon the last day of the thirty-day notice period, except in case of definite Subscription Term, in which case the termination shall be effective on the last day of the Subscription Term in effect at the time of the last day of the thirty-day notice period.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Customer or Authorized User breaches or in any way fails to comply with these Terms of Service, provided that, SocialScore may, in its sole discretion, provide notice to Customer and an opportunity to cure the breach, that SocialScore deems remediable, within a period of thirty (30) days of the date of the notice;
SocialScore may suspend or limit Customer’s and Authorized User’s access to the Services and the Website for the period of the investigation at any time, with immediate effect and without liability to Customer if SocialScore reasonably suspects that any of the circumstances listed in Section.
SocialScore may suspend, limit or terminate Customer’s and Authorized User’s access to the Services, Website, terminate or discontinue the Plan or (any part of) the Website and the Services, or unilaterally terminate these Terms of Service at any time with immediate effect, upon notice to Customer if SocialScore cannot, on a commercially reasonable basis, provide the Website or the Services to Customer or due to technical, operational or other reasons outside of SocialScore’s control.
Termination by Customer. Customer may terminate these Terms of Service anytime for any reason with immediate effect in writing by sending an email to email@example.com or by any method made available by SocialScore on the Website.
Effect of termination. Upon the date any termination, suspension, limitation or discontinuation under these Terms of Service become effective, the right to access and use the Services granted to the Customer will immediately cease, Customer shall immediately cease all use of and access to the Services and all Fees payable up until the date of termination shall become due.
SocialScore may dispose of any Customer Data in its possession at any point after termination of these Terms of Service.
SocialScore shall not be liable to Customer or any other third party for any damages resulting from the termination, suspension or limitation of Customer’s and Authorized User’s access to the Services and the Website, the termination or discontinuation of the Plan or (any part of) the Website and the Services, or the unilateral termination these Terms of Service, if such termination, suspension, limitation or discontinuation is in accordance with these Terms of Service.
Survival. All sections shall survive termination
Protection of Confidential Information. The Recipient may not use, or disclose Confidential Information to third parties unless, and to the extent authorized under these Terms of Service or by the Discloser in writing. The Recipient shall protect all Confidential Information using the same care as the Recipient applies to its own comparable Confidential Information, and in no event less than a reasonable standard of care. The Recipient may only use Confidential Information for the purposes specified in and as authorized under these Terms of Service. The Recipient shall limit access to Confidential Information to Permitted Third-Party Recipients. Recipient shall cause any such Permitted Third-Party Recipients to be obligated to confidentiality not materially less protective of the Confidential Information than those applicable to Recipient. The Recipient may disclose Confidential Information to other third parties if explicitly authorized by Discloser in writing.
Return or Destruction of Confidential Information. Subject to the provisions of these Terms of Service and applicable laws, upon request by the Discloser, the Recipient shall return or destroy Discloser’s Confidential Information. Notwithstanding the foregoing, each party may retain copies or backups in accordance with Recipient’s record retention policies, provided that such party shall continue to treat any such materials as Confidential Information in accordance with these Terms of Service for so long as the same remain in its custody, possession or control.
Exceptions. The Recipient’s confidentiality obligations under these Terms of Service shall not apply to information: (i) already known to it or accessible from open sources (OSINT sources) at the time of disclosure without restrictions on disclosure; (ii) in the public domain or publicly available other than as a result of a breach of these Terms of Service; (iii) provided to it by a third party who is under no such obligation of confidentiality; or (iv) independently developed by the Recipient without reference to the Discloser’s Confidential Information.
Compelling Disclosures. If any court, regulatory authority or legal process requires the Recipient to disclose Confidential Information, then the Recipient may make any such disclosure, provided that the Recipient will, if permitted by law, advise the Discloser promptly of any such requirement and cooperate, at the Discloser’s expense, in responding to it.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
SocialScore shall not be liable for any loss or damage from Customer’s failure to comply with Customer’s security obligations set forth in these Terms of Service, including, but not limited to, the obligations set in these Terms of Service above and below.
Excluded. The foregoing limitations of liability shall not apply to the extent determined by a court of final jurisdiction that any of the limitations are prohibited by applicable law, such as, for instance, liability for death or personal injury, or any liability that cannot be excluded or limited by the governing law
SocialScore will not be liable for any failure to provide Services or the Website as a result of any government action that SocialScore reasonably believes may adversely impact its obligations under these Terms of Service, business or reputation.
“AS IS” and “AS AVAILABLE” Disclaimer
The 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, the Company, on its own 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, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of 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.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Warranty and Disclaimers
Warranty Disclaimers. THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS”. SOCIALSCORE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE ACCESS AND USE OF THE WEBSITE AND THE SERVICES. NEITHER SOCIALSCORE, NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE WEBSITE OR THE SERVICES WILL BE FREE OF ERRORS OR OMISSIONS OR THAT ACCESS THERETO WILL BE CONTINUOUS, SECURE, OR FREE FROM BUGS OR VIRUSES OR UNINTERRUPTED. CUSTOMER UNDERSTANDS THAT CUSTOMER DOWNLOADS FROM, OR OTHERWISE OBTAINS CONTENT OR SERVICES THROUGH, THE WEBSITE AT ITS OWN DISCRETION AND RISK. SOCIALSCORE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT OR DATA RECEIVED OR ACCESSIBLE VIA THE SERVICES OR THE WEBSITE.
Third-Party Services. SocialScore makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content, effect or use of any Third-Party Services, including third-party websites or any transactions completed, and any contract entered into by Customer, with any such third party providing Third-Party Services. Any contract entered into and any transaction completed via any third party providing the Third-Party Services is between Customer and the relevant third party, and not SocialScore. SocialScore recommends that Customer refers to the third party’s terms and conditions and privacy notice prior to using the relevant Third-Party Services. Customer is solely responsible for and may only use Third-Party Services at its own risk.
Beta Offerings/Pilot and Evaluation Offerings. SocialScore makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content, effect or use of any Beta Offerings, Pilots and Evaluation Offerings.
General. SocialScore disclaims all warranties, guarantees and similar undertakings for the Website and the Services to the maximum extent permitted by applicable laws.
Marketing approval. Upon explicit, prior, written approval of Customer, SocialScore shall have the right to indicate in its marketing materials the tradename and trademark of Customer, and the fact that Customer is a Customer of SocialScore, subject to Customer’s applicable tradename/trademark usage guidelines (if any). Upon explicit, prior, written approval of Customer, parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of such approval. Customer agrees to reasonably cooperate with SocialScore to serve as a reference account upon SocialScore’s request.
Independent Contractors. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, appoint either party as the agent of the other party, or authorize either party to make or enter into any commitments for or on behalf of the other party. The sole relationship of the parties hereto is that of independent contractors.
Assignment. Customer shall not, without the prior written consent of SocialScore (which shall not be unreasonably withheld or delayed), assign, transfer, sublicense its rights or obligations under these Terms of Service. Any attempt by Customer to so assign, transfer or sublicense all or any of its rights or obligations under these Terms of Service without such consent shall be void.
Force Majeure. Unless otherwise stated in these Terms of Service, SocialScore shall not be deemed in breach of these Terms of Service and shall have no liability to Customer under these Terms of Service if it is prevented from, limited from or delayed in performing its obligations under these Terms of Service, or from carrying on its business, by or through acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of SocialScore or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, communicable disease, epidemic or pandemic (including the consequences of the COVID-19 pandemic), compliance with any law or governmental order, rule, regulation or direction, action, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. SocialScore shall notify Customer of such event and its expected duration.
The parties hereby accept e-mail correspondence as written form of communication between each other. Official notifications of the parties are accepted as in writing if they are sent by e-mail to the email address in Customer’s Account or to a @socialscore.io email address and the sender and the recipient of the email may by verified.
In case of notices and communications under these Terms of Service where these Terms of Service does not require written form, SocialScore shall have the right to provide notices to Customer using its standard processes for contacting its Customers by using any online channels SocialScore made available on the Website.
Compliance with Laws. Customer and SocialScore shall comply with all applicable laws, statutes and regulations.
Governing Law. These Terms of Service and any dispute arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), whether interpreted in a court of law or in arbitration, shall be governed and construed in accordance with the laws of Bulgaria, without regard to its conflict of laws provisions.
Entire Agreement. These Terms of Service, the Data Processing Agreement (if applicable), and the Data Sharing Addendum (if applicable) the Custom Agreement (if applicable) and other documents referenced herein constitute the entire and exclusive understanding and agreement between SocialScore and Customer in relation to the access and use of the Website and the Services and supersede and replace all prior and contemporaneous oral or written understandings or agreements between SocialScore and Customer regarding the access and use of the Website and the Services. In case of conflict, the order of precedence of the documents is as follows, each listed document superseding in the event of any conflicting provision in a later listed document: (i) Custom Agreement (if applicable) (ii) SocialScore Order (if applicable), (ii) Terms of Service. Except as expressly stated in these Terms of Service, or Custom Agreement or the SocialScore Order, SocialScore does not undertake commitments or obligations to Customer. All conflicting terms in any purchase order or other business form employed by Customer or any additional or amended terms sent to SocialScore at any time by Customer are hereby rejected expressly by SocialScore and shall be null and void ab initio. Unless otherwise provided expressly in these Terms of Service, any incidental customs which the parties have agreed to apply in their previous business relationship, practices established between the parties and customs widely known and regularly used in the given industry by parties to similar contracts shall not become part of these Terms of Service.
Other. Parties agree that these Terms of Service shall be deemed a written agreement between the parties and Customer may review the current and previous versions of these Terms of Service at [*]. These Terms of Service are available in English. SocialScore’s hosting provider is Google Web Services, a main provider that supports the functioning of SocialScore’s service. These Terms of Service shall be deemed existing, valid and effective binding agreement between the parties if concluded pursuant to Section above without regard to applicable statutory provisions to the maximum extent permitted by applicable laws.
Acceptable Use Policy
1.1. This Acceptable Use Policy constitutes part of the Terms of Service or other service agreement concluded between SocialScore and Customer (“Agreement”). Any issues not regulated by this Acceptable Use Policy shall be governed by the provisions of the Agreement.
1.2. Customer must at all times use the Website and the Services in accordance with SocialScore’s acceptable use standards, including but not limited to:
1.2.1. Respecting the law. Customer may use the Website and the Services for lawful purposes only. Customer may not use the Website and the Services in any way that breaches any applicable local, national, or international laws, regulations, and codes. Customer may not use the Website and the Services in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect.
1.2.2. Respecting intellectual property. Customer may not attempt to copy, reproduce, duplicate, modify, create derivative works from or distribute all or any portion of the Website and the Services (including any functions, graphics, features, ideas). Customer may not modify the paper or digital copies of any materials of SocialScore or third parties the Customer has printed off or downloaded in any way, and Customer may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Customer may not remove any ownership, authorship, or brand notices on the Website and the Services, and Customer must always indicate such authorship and brands.
1.2.3. No competitors. Customer may not access all or any part of the Website and the Services in order to build a website, a product or service which competes with the Website and/or the Services. Customer is specifically not allowed to use the Website and the Services to create a competitor or facilitate the design of any or all of a competitor service. Competitors, and any individuals or entities acting on behalf or in the guise of any Competitor, may only create an Account with the prior written consent of SocialScore.
1.2.4. Services Security. Customer may not interfere with, damage or disrupt any part of the Website and the Services or any software used in the provision of the Website and the Services, or any equipment or network on which the Website or the Services are stored. Customer may not attempt to gain unauthorized access or assist third parties in obtaining unauthorized access to the Website and Services, the server on which the Website or the Services are stored or any server, computer or database connected to the Website and the Services. Customer may not defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Website and the Services, the server on which the Website and the Services are stored or any server, computer or database connected to the Website and the Services. Customer must not attack the Website or the Services via brute-force attacks, a denial-of-service attack, or a distributed denial-of service attack. Customer may not attempt to undertake any security testing of the Website and the Services without the prior written consent of SocialScore.
1.2.5. Account security. Customer must use strong passwords that are created and maintained in compliance with the applicable industry standards and SocialScore’s password policy. Customer expressly agrees that SocialScore may refuse the creation of the Account if the chosen password does not fulfil SocialScore’s password policy requirements. Customer shall ensure that the Account login credentials are managed in accordance with industry-standard password management requirements.
1.2.6. No crypto-mining, or other malicious use of the Services. Customer may not attempt to use the Website and/or the Services (or any portion thereof) to undertake the mining of cryptocurrencies, or to perform any other resource intensive tasks not related to the purpose of the Services.
1.2.7. No reverse engineering. Outside the extent it is allowed by applicable laws, no one is allowed to reverse engineer, or attempt to reverse engineer decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Website and the Services.
1.2.8. No Data Harvesting. No one is allowed to collect or harvest any personal data from the Website or any Service.
1.2.9. No scraping. No one is allowed to access, search the Website and the Services by any means other than SocialScore’s publicly supported user interfaces (e.g. it is prohibited to access, search the Website and the Services via web scraping or web crawling). No one is allowed to access the Services through any technology or means other than as SocialScore may explicitly designate for this purpose.
1.2.10. No automated registration. Accounts registered via automated methods are prohibited except if expressly permitted and/or intentionally enabled by SocialScore.
1.2.11. No trial fraud. One Customer may not participate in more than one trial period. It is prohibited to apply for or use multiple or consecutive trial plans.
1.2.12. No spam. Customer may not use the Website and the Services to transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.
1.2.13. No viruses. Customer may not use the Website and the Services to knowingly transmit or introduce any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs, materials or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2.14. No commercial distribution. Customer may only use the Website and the Services for internal business purposes, unless otherwise authorized by SocialScore in writing. Customer may not distribute any part of, or parts of the Website or the Service, including but not limited to any data or content featured on the Website, in any medium without SocialScore’s prior written authorization.
1.2.15. Authorized Users and third parties. Customer may not authorize, permit, enable, induce or encourage any Authorized User or any third party to perform any activities regarding the Website and the Services that are in breach of these Terms of Service.
1.2.16. No consumers. Customer may not use the Website and the Services in a consumer capacity. The Website and the Services are intended for use solely by businesses.
1.2.17. Sanctions Regimes. Customer, any individual or any legal entity (and their Affiliates, and their executive officers, employees, owners and ultimate beneficiaries), that are subject to any restrictions under the Sanctions Regimes, are expressly prohibited from accessing and using the Website and the Services.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
SERVICE LEVEL TERMS
1.1. The Services shall be available 99.9%, measured monthly, excluding scheduled maintenance. During holidays and weekends the services shall be available 99.5%, measured monthly, excluding scheduled maintenance.
1.2. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance.
1.3. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation.
1.4. Customer’s sole and exclusive remedy, and Company’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.
1.5. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.
1.6. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the next month in which the incident occurred.
1.7. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.
1.8. The customer agrees with the SocialScore DATA PROCESSING AGREEMENT
1.9. The customer agrees with DATA SHARING ADDENDUM
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
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.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By visiting this page on our website: https://socialscore.io