Terms of Service

I. General

Social Cloud LLC provides through the site www.socialcloud.live of end users information society services, that includes opportunities to create web and cloud applications, applications online hosting and more (the “Services”).

Please read this document carefully. It contains the Terms for access to the website www.socialcloud.live and for its use (the “Terms”). These Terms govern our relationship with all Users and others who access, use or interact with the Services. If you do not accept the Terms of service stated here, it is not possible to use the site. Use of the Services available without registration will be considered as an expression of consent to these Terms. By accessing the Services, you agree to comply with these Terms.

We reserve the right to change these Terms periodically without notice to you. You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms or any subsequent changes thereto, your only choice is to immediately discontinue use of our Services. When making changes, they will be brought to your knowledge and published here.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.

In connection with the Services we provide, Social Cloud LLC processes personal data in accordance with the Privacy Policy (“Policy”), which you can read on our web site. The Policy is an integral part of these Terms.

Your use of the Services is also governed by our Acceptable Use Policy, which is incorporated into and forms an integral part of these Terms. In the event of a conflict between the Acceptable Use Policy and these Terms, these Terms control except where the Acceptable Use Policy expressly states otherwise.

II. Registration

In order to use the Services, you guarantee that you have the legal right and capacity to enter into these Terms in your jurisdiction and agree to form a binding contract with us. If you are using the Services on behalf of a legal entity, you represent and warrant that you are authorized to do so. Registration on behalf of other persons in the absence of their consent is not allowed. Social Cloud LLC is not responsible in case of use of the Services by a person who does not meet the legal capacity restrictions.

The use of part of the Services is possible only with registration. Social Cloud LLC forbids any misuse of usernames. You agree to provide accurate, complete and up-to-date registration information and to maintain it. You are responsible for all actions performed through your account using your username and password. You agree to notify us immediately in case of unauthorized access or probability of such.

We generate a new user account based on the email used during the ordering process.

By registering an account we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt out of receiving them.

We reserve the right to terminate or suspend access to our Service immediately, without prior notice or liability, at any time, for any reason whatsoever, including without limitation if you breach the Terms. Upon closing an account and terminating the contract, the data stored on the Services are deleted. In order to resolve possible disputes that have arisen or become known after the termination of the agreement for the use of the Services, information about its conclusion is stored for a period of one (1) year after the termination of the account.

II.1 Payment

The fees for the Services and the billing period (monthly or annual) are those shown for the plan you select when ordering; the price of each plan is inclusive and nothing is charged in addition to it. Subscriptions renew automatically for successive periods until cancelled, and each period is charged in full and in advance; because renewal is processed shortly before a period ends, the exact day of a charge may vary. Fees are payable by the payment method on file. If a renewal payment fails, we may reattempt it over the following days before the subscription lapses, and we may suspend or stop providing the Services where payment for a period is not received. Nothing in this Section limits any refund or cancellation rights that the law governing your use of the Services grants you and does not allow to be excluded.

III. Use of the Services

Our Services allow you to create and save files and other information that you can expose or send. It is entirely within your discretion what information and to which contracting party to send it.

Social Cloud LLC is not an intermediary and does not participate in any way in the subsequent communication and negotiation of terms between the parties. Decisions about what information to send, what contractual relationships you wish to enter into and under what conditions are entirely your responsibility. Social Cloud LLC is not a party to this relationship and therefore, in case you believe that the contracting party does not comply with the agreed conditions and/or its actions are not in accordance with the law, it is necessary to notify the competent state authorities.

You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content. You represent and warrant that:

1. you will not use the Services for any unlawful purposes or in furtherance of illegal activities;
2. you own the Content posted by you on or through the Service or otherwise have the right to do so;
3. posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.

III.1 Transaction fees

Each transaction is subject to a platform application fee of 1% charged by Social Cloud LLC. Card payments are processed by Stripe: where you enable card payment acceptance in your own store, you do so through a Stripe connected account and accept the applicable Stripe agreement at the point you enable it. Stripe’s own fees apply in addition and are set out in its pricing at stripe.com/pricing, and its terms are available at stripe.com/legal. Some payment methods, such as payment on delivery or bank transfer, do not involve Stripe. We may change the platform fee on ten business days’ notice published on the website. Refunds, chargebacks and payment disputes for card payments are handled in accordance with Stripe’s rules and these Terms.

III.2 Domains

Where a domain name is registered for you through the Services, that domain is registered in your name and belongs to you. You may transfer it to another registrar at any time, and we do not charge a fee for such a transfer. You are responsible for keeping the domain’s registrant information accurate and for its timely renewal.

IV. Content

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with everyone else who is using the Services. You are not allowed to post or use misleading or inaccurate information.

You warrant that you have the right to use the content that you store in your account or post or send to others through the Services, and that it does not violate these Terms or the law. Should this not be the case, you are responsible for all damages arising from it for third parties and/or Social Cloud LLC.

You may not use in any way, copy, modify or distribute content that does not belong to you, for purposes other than personal, non-commercial use or purposes incompatible with the use of the Services, without the express prior written consent of Social Cloud LLC and/or the relevant third parties.

As between you and Social Cloud LLC, you own the website built for you and all content, files and materials within your tenant, including, upon full payment, the proprietary (economic) copyright in that website. Social Cloud LLC retains all rights in the platform and in everything outside your tenant, including the website builder, the AGENTIC WORKER, tools and underlying software, together with its trademarks and other intellectual property and those of its affiliates or licensors. Nothing in these Terms transfers to you any right in the platform.

The information you store in your account and/or send to others through the Services may not contain non-application advertising content or materials that infringe or disregard the rights or legitimate interests of third parties, including fundamental human rights, intellectual property rights, etc. Using our Services you agree that you will not post or share content that is unlawful, harassing, discriminatory, obscene, offensive, threatening, harmful, tortious, defamatory, libelous, abusive, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive or obscene in nature, as well as that which could embarrass, infringe on goodwill, insult a third party or disclose a secret protected by law.

You understand and agree that Social Cloud LLC cannot and will not be responsible for the Content posted on the Service. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

We reserve the right to remove any Content from the Services for any reason, without prior notice, including but not limited to when that Content violates these Terms, constitutes copyright or trademark violations, impersonation, unlawful conduct, or harassment.

V. Services Availability

Social Cloud LLC wants to provide the best possible online experience. To do this, we must make sure that we provide high quality and timely services. You undertake not to interfere with the normal operation of the technical or software applications and computer systems of Social Cloud LLC or the users of the Services by unscrupulous actions. You understand and agree not to:

1. send, transmit, redistribute, upload, or advertise any messages or content that may harm or adversely affect our business, products or services;
2. act in a way or use any device that restricts, violates, interferes with, or delays the use of www.socialcloud.live by another user or that affects the security of the site; or
3. use any device or make an attempt to use any facility, software, tool, script, or other device or mechanism (including without limitation spiders, bots, robots, avatars or reconnaissance devices) to search or navigate the Services, or to copy content from them.

We reserve the right to immediately prohibit access to the Services and/or close the account of any user who violates this provision or any other provision related to the Terms of Service.

Social Cloud LLC will not be liable to you for any modification, changes, suspension, or discontinuation of the Services, or the loss of any Content. Services might be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to limit the availability of the Services or any portion of the Services to any geographic area or jurisdiction and create limits on use and storage, at any time and in our sole discretion without any liability. Hereby you expressly release Social Cloud LLC from any and all liability arising from your use of the Services.

VI. Links to Other Web Sites

Our Services may contain links to third-party web sites or services that are not owned or controlled by Social Cloud LLC or its affiliates. Social Cloud LLC declares that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You are using the third-party website or services at your own risk. All Users should check the Privacy Policy and Terms of Service of any third-party website.

VII. Disclaimers

We apply reasonable technical and organizational measures to protect the Services and your data, including regular backups maintained across more than one location, and we address technical faults with priority. However, no service can be guaranteed to be uninterrupted or error-free, and, except as required by applicable law, we do not warrant that data will never be lost. Our liability for any loss is subject to the limitations in Section VIII.

The Services and all Content on or available through the Services are provided on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that reliance on any information provided on or through the Services is solely at your own risk. Social Cloud LLC does not endorse content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.

Social Cloud LLC expressly disclaims all warranties of any kind, whether express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy of data and non-infringement. Social Cloud LLC makes no warranty or representation, and disclaims all responsibility and liability that:

1. the Services will meet your requirements;
2. the Services will be available on an uninterrupted, timely, safe, secure, or error-free basis without disruptions, delays or imperfections, or that defects will be corrected;
3. the completeness, accuracy, availability, timeliness, effectiveness, usefulness, safety, security or reliability of the Services or any Content;
4. any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content or information you may encounter on the Services;
5. any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
6. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services;
7. the quality of the Services will meet your expectations.

VIII. Limitations of Liability

By using the Services, you agree that Social Cloud LLC’s liability is limited to the maximum extent permissible in your country of residence. In no event shall Social Cloud LLC be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, opportunities, reputation, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, or inability to use the Services or any Content provided on or through the Services. Notwithstanding the foregoing, the total liability of Social Cloud LLC, whether in contract, warranty, tort (including, without limitation, negligence), product liability, strict liability or any other theory, associated with any claim arising out of or relating to use of or access to the Services for any reason whatsoever shall be limited and in the aggregate for all claims shall not exceed the greater of (i) the amount you have paid us in the past twelve months, if any, or (ii) US $100. You agree that any claim you may have arising out of or related to your relationship with Social Cloud LLC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

If anyone brings a claim against us related to your actions, content or information on Social Cloud LLC, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

IX. Others

You may end your legal agreement with Social Cloud LLC at any time by deactivating your accounts and discontinuing your use of the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If any part of these Terms is rejected or found invalid by a court or regulatory authority, the other Terms will continue to apply.

Social Cloud LLC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

All disputes that may arise between you and Social Cloud LLC regarding these Terms will be resolved voluntarily and deliberately by negotiation. You agree that the laws of the State of Washington, excluding its conflict of law provisions, will govern these Terms and any disputes or claims that might arise between you and Social Cloud LLC.

IX.1 Assignment

Company may transfer, sub-contract or otherwise deal with Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

IX.2 Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

IX.3 Entire agreement

These terms and conditions constitute the entire agreement between you and Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

IX.4 Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Washington, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Spokane County, Washington.

IX.5 Export on termination

On termination of your account, you may request, within thirty (30) days, an archive of your website files (such as HTML, CSS and JavaScript) together with the data from our system that can reasonably be exported for use in another system. We will provide such an archive on a commercially reasonable basis. We do not currently offer an automated export, and archives are provided on request.

X. Contact Us

If you have any questions or concerns about these Terms, please contact us:

Company

Social Cloud LLC

US Office

100 N Howard St, Suite 7892, Spokane, WA 99201, United States

Headquarters (Europe)

25 „Nestor Abadzhiev” St., Plovdiv 4000, Bulgaria

Customer Service Email

pm@socialcloud.live