SocialMojo Terms of Service
Here's a foundational Terms of Service template with considerations for Indian law
• These Terms constitute a legal agreement between you ("User," "you," "your") and PassionMojo Pvt Ltd ("us," "we," "our"), governing your access to and use of the SocialMojo.co.in website, SaaS Website, services, and tools (collectively, the "Services").1. Introduction:
• By accessing or using our Services, you signify acceptance of these Terms. If you disagree, you must discontinue use of the Services.
• We reserve the right to modify these Terms at any time. Material updates will be communicated in advance, and continued use signifies your acceptance of the changes.
2. Eligibility:
• Services are intended for users aged 18 or older. If under 18, use is permitted only with explicit parental/guardian consent.
• You must represent and warrant that you have the legal right and capacity to enter into this agreement.
3. Service Description
• SocialMojo provides a suite of tools to aid in social media management, including Social Media Posting, AI support for various marketing, digital marketing, social media marketing and other purposes, and also you can run campaigns for various purposes.
• We grant you a non-exclusive, non-transferable, revocable license to utilize the Services as per these Terms.
4. User Accounts
• Account creation may be required for full access to the Services.
• You are responsible for the accuracy of your account information and keeping your login credentials secure.
• You are liable for all activities occurring within your account. Notify us immediately of unauthorized access.
5. Acceptable Use
• You will not violate Indian laws and regulations, including but not limited to:
- • The Information Technology Act, 2000
- • The Indian Penal Code, 1860
- • The Copyright Act, 1957
• You will not use the Services to:
- • Spam, harass, or threaten others
- • Post defamatory, obscene, or hateful content
- • Infringe on intellectual property rights
- • Engage in fraudulent or deceptive activities
- • Attempt to disrupt or interfere with the Services
6. Intellectual Property
• SocialMojo retains all rights, title, and interest in the Services, including source code, trademarks, logos, and copyrighted materials.
• You grant us a non-exclusive license to use content you submit for the purpose of delivering the Services.
• Respect intellectual property rights of others when using the Services.
7. Third-Party Services
• SocialMojo may integrate with third-party platforms. You are responsible for compliance with their Terms of Service.
• We bear no liability for issues arising from third-party service usage.
8. Subscription Fees and Payment
• Subscriptions and Fees - we offers various options and subscriptions plans to its clients, including free trials and paid plans. These options and plans, including relevant pricing, are available on our website.
(a) Free trials are non-paid access of the our Service subject to use restrictions. (maximum limits to the number of users, posts, features, social media platforms). We may discontinue to offer free trials to future customers.
Restrictions for such trials are set forth in the pricing section of the website.
Subscriber may at any time terminate Subscriber’s free trial or upgrade to a paid plan.
(b) Paid plans :
These paid plans have lower use limits and more features limited-duration-free-subscriptions. Premium features may also be added to these plans. Subscriber’s paid subscription shall be due and payable either on a monthly or yearly basis in advance from the date of Subscriber’s first paid subscription and will be automatically renewed thereafter on the same basis, subject to the full payment in advance of the fees due. Subscriber may or may not choose to re-subscribe to the same paid monthly plan. Subscriber may at any time terminate Subscriber’s paid plan and Subscriber will have the right to continue to access and use the our services through the end of the subscription plan for which Subscriber has paid. However, we shall not reimburse Subscriber for any unused Fees paid for a started month or year, even on a pro rata basis. It is Subscriber’s responsibility to anticipate the termination of the plan to make it effective at the most convenient time.
(c) Automatic Renewal : Under a paid plan, the subscription will continue and automatically renew at Company’s then-current price for such Subscription until terminated in accordance with this Agreement. The frequency at which the subscription renews (i.e., monthly, annually, etc.) will be designated at the time at Subscriber signs up for the subscription. By subscribing, Subscriber authorizes us to charge the payment method designated in their account now, and again at the beginning of any subsequent subscription period. Upon renewal of the subscription, if we does not receive payment, (i) Subscriber shall pay all amounts due on their account upon demand and/or (ii) Subscriber agrees that we may either terminate or suspend the subscription and continue to attempt to charge the designated payment method until payment is received (upon receipt of payment, the subscription will be activated and for purposes of automatic renewal, Subscriber’s new subscription commitment period will begin as of the day payment was received).
(d) Third-Party Service Provider for payment processing
Payment processing may involve third-party services subject to their terms.
we use Stripe, Inc. and its affiliates as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (“Third-Party Service Provider”). If Subscriber makes a purchase for our Services, Subscriber will be required to provide its payment details and any additional information required to complete Subscriber’s order directly to our Third-Party Service Provider. Subscriber agrees to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/ssa) and hereby consent and authorize us and Stripe to share any information and payment instructions Subscriber provides with one or more Third-Party Service Provider(s) to the minimum extent required to complete the transactions. Please note that online payment transactions may be subject to validation checks by Payment Processor like Stripe or Razor Pay (Third-Party Service Provider) and Subscriber’s card issuer, and we is not responsible if Subscriber’s card issuer declines to authorize payment for any reason. For Subscriber’s protection, Third-Party Service Providers like Stripe and RazorPay use various fraud prevention protocols and industry standard verification systems to reduce fraud and Subscriber authorizes Third-Party Service Provider to verify and authenticate Subscriber’s payment information. Subscriber’s card issuer may charge Subscriber an online handling fee or processing fee. we is not responsible for this. In some jurisdictions, our Third-Party Service Provider may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.
We may also offer RazorPay or Instamojo or other options based on future integrations.
• Fees may be subject to change with clear notification in advance.
(e)Taxes and Invoicing : All Subscription Fees owed by Subscriber in connection with this Agreement are exclusive of, and Subscriber shall pay, all sales, use, excise and other taxes and applicable export and import fees, customs duties and similar charges that may be levied upon Subscriber in connection with this Agreement, except for employment taxes and taxes based on our income. If Subscriber believes that we has incorrectly billed Subscriber, Subscriber must notify us no later than sixty (60) days after the due date on the first invoice in which the issue appeared.
9. Disclaimers and Warranties
• THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• NO GUARANTEE OF UNINTERRUPTED SERVICE, ERROR-FREE OPERATION, OR SECURITY IS MADE.
10. Limitation of Liability
• TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH.
11. Indemnification
• You agree to indemnify and hold SocialMojo and its affiliates harmless against any losses, damages, or liabilities arising from breach of these Terms or your use of the Services.
12. Termination
• Termination by Us: We may terminate or suspend your account at any time. If feasible, we will endeavor to provide a reasonable notice period before termination unless there is a serious breach of these Terms or a risk to the security of our Services.
• Termination by You: You may terminate your account at any time by submitting a request through your account settings or contacting customer support.
Consequences of Termination:
• All rights and licenses granted to you under these Terms will immediately cease.
• You will be responsible for any outstanding fees accrued prior to termination.
• We may retain certain account data as necessary for a limited period for record-keeping, resolving disputes, enforcing our agreements, or as required by law.
13. Governing Law and Dispute Resolution
Governing Law: These Terms of Service and any disputes arising out of or relating to them shall be exclusively governed by and construed in accordance with the laws of India, without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution:
• Negotiation: In the event of a dispute, the parties agree to first attempt to resolve the dispute in good faith through informal negotiation.
• Arbitration: If negotiation fails within 30 days, the dispute shall be finally resolved through binding arbitration. The arbitration shall be conducted in Mumbai, Maharashtra by a single arbitrator in accordance with the commercial arbitration rules of an arbitral institution to be mutually agreed upon by both parties.
• Costs of Arbitration: The prevailing party in the arbitration shall be entitled to recover its reasonable costs and attorneys' fees.
• Judicial Enforcement: The arbitration award may be enforced by any court of competent jurisdiction.
14. Miscellaneous
• Severability : If any provision of these Terms is deemed invalid or unenforceable, that provision shall be severed from the remainder of these Terms, which shall remain in full force and effect.
• Entire Agreement: These Terms, along with any referenced policies (such as the Privacy Policy), constitute the entire agreement between you and SocialMojo regarding your use of the Services. They supersede all prior communications, representations, or agreements, whether oral or written.
• Waiver : Failure to enforce any provision of these Terms shall not constitute a waiver of that or any future provision.
• Assignment : You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time without notice.
• Force Majeure: Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, or natural disasters.
• Notices: All notices required under these Terms shall be in writing and sent to the addresses provided in the Contact Us section.
15. Refund PolicyOur 30-Day Money-Back Guarantee
At SocialMojo, your satisfaction is our top priority. For monthly plan, We offer a 30-day, no-questions-asked, money-back guarantee on all our subscription plans.
If you're not completely satisfied with our social media management tools within the first 30 days, we'll provide the refund. However we reserve the right to deduct the 10% subscription charges, and relevant Government Taxes (GST) on this amount.
How to Request a Refund
1. Contact Us: Email us at refund@socialmojo.co.in within 30 days of your initial subscription purchase. You can also call or send a WhatsApp Message at +91 96500 52425. Please include your name and order number.
2. No Questions Asked: We won't hassle you with lengthy inquiries. Simply request a refund, and we'll process it promptly.
3. Processing: Refunds are typically processed within 7-10 business days and will be issued to the original payment method.
Important Notes
• Our 30-day money-back guarantee applies to subscription plans only.
• One-time purchases may be eligible for a refund on a case-by-case basis. Please contact our support team with your order details.
• Original shipping charges, if any, are generally non-refundable.
• Government taxes, if any, are non-refundable.
Help
If you have any questions regarding our refund policy or need assistance, please don't hesitate to contact our support team at
(1) help@socialmojo.co.in
OR
(2) support@socialmojo.co.in
OR
(3) contact number +91 96500 52425 (WhatsApp)
We're committed to providing you with an exceptional experience.
Contact Us:
If you have any questions about this Terms of Service, please contact us by emailing at support@socialmojo.co.in
501 Ayodhya (Santa Cruz) CHS Itd, 6TH Road, PLOT 1-B, Santa Cruz-E Mumbai, Maharashtra, 400055, INDIA