1. INTRODUCTION

These Terms and Conditions govern the contractual relationship between the Client (hereinafter referred to as the “Client” or “User”) and SocialGrow, with its registered office in the United Arab Emirates. By registering on the platform and purchasing the Service, the Client fully accepts these Terms and Conditions pursuant to Articles 1321 et seq. of the Italian Civil Code, Legislative Decree 206/2005 (Consumer Code), EU Directive 2011/83, Regulation (EU) 2016/679 (GDPR), and UAE Law No. 2/2006 on Electronic Commerce.

2. OBJECT

This contract governs the provision to the Client of a robotic automation service on the Instagram platform, consisting of automated actions according to the specifications of the selected package (the “Service”).

3. MODE OF DELIVERY.

The Service can be activated in one of the following modes:
1. Trial (trial period)
2. Basic (limited features)
3. Premium (extended features)
4. Agency (reserved for resellers and activatable only with prior approval from SocialGrow)

All modes involve the use of the Instagram profile connected by the Client, and the actions are executed through automated systems that simulate human interaction.

4. SERVICE ACTIVATION AND WAIVER OF THE RIGHT OF WITHDRAWAL

The activation of the Service is deemed to be completed automatically and immediately at the moment the purchased package is unlocked and made available in the Client’s personal Dashboard on the SocialGrow platform. Activation is not subject to the connection of the Instagram profile or the configuration of the features by the Client: the Service is considered activated as soon as the Client can access their Dashboard and the package is technically active.

Pursuant to Article 59, paragraph 1, letter o) of Legislative Decree 206/2005 (Consumer Code), Regulation (EU) 2011/83, and applicable international laws, the Client expressly accepts the loss of the right of withdrawal, as the Service constitutes digital content not supplied on a tangible medium and its execution begins with the unlocking of the package in the Dashboard.

The waiver of the right of withdrawal applies in all cases, including when payment is made via methods external to the platform (e.g., a PayPal invoice, payment link, or any other method requested by the Customer), since acceptance of these Terms and Conditions occurs at the same time as registration and purchase of the Service.

The Customer is solely responsible for connecting their Instagram account to the platform and for configuring the Service. Any delays, omissions, or errors in connecting or configuring the account do not suspend or alter in any way the activation of the Service, nor the obligation to pay the fee due for the purchased package.

5. TARGETS AND CUSTOMIZATION

The Customer defines their own targets (profiles, hashtags, locations) through the configuration section within their personal Dashboard. The processing and subsequent automated actions are carried out by proprietary algorithms. Any deviations from the specified targets cannot be attributed to SocialGrow, which does not guarantee absolute adherence to the indicated parameters.

6. LIMITATION OF LIABILITY

The Customer acknowledges and agrees that:

• The Service provided by SocialGrow does not constitute a violation of applicable state, federal, or supranational criminal laws, but it may conflict with the Terms of Use and Policies of the Instagram platform (Meta Platforms, Inc.).
• The use of the Service may result, at Instagram’s sole discretion, in the suspension, restriction, blocking, or closure of the Customer’s account, and SocialGrow cannot be held liable for this in any way.

In such circumstances, the Customer:

• assumes all risks resulting from the use of the Service;
• remains fully obligated to pay the fee due for the purchased contractual period;
• hereby waives any claim for refund, compensation, or damages against SocialGrow.

SocialGrow cannot be held liable under any circumstances, whether contractually or extra-contractually, for:

• suspensions, restrictions, or deletions of the Customer’s account by Instagram or third parties;
• direct, indirect, consequential, or financial damages suffered by the Customer or third parties in connection with the use of the Service;
• activities, data, or messages transmitted or generated through the Service upon the Customer’s configuration or instructions;
• failure to provide or malfunction of optional additional services, such as “Engagement Boost,” consultations, or other supplementary services.

The Customer acknowledges that the use of the Service is under their sole responsibility, as SocialGrow is merely a technical provider of automated tools configured by the Customer.

7. ACCESS CREDENTIALS

For the purpose of providing the Service, the Customer is required to independently log in to their Instagram account through the appropriate functionality of the SocialGrow platform, entering their credentials within the secure environment provided. The credentials are collected solely through this procedure and processed in accordance with the appropriate technical and organizational measures set out in Article 32 of Regulation (EU) 2016/679 (GDPR).

Such credentials are used exclusively for the performance of this contract and not for any other purposes. SocialGrow implements encryption systems, data protection measures, and security protocols suitable to prevent unauthorized access.

The Customer is responsible for keeping their credentials valid and active. Any changes to the credentials, including changes to two-factor authentication systems or other security settings of their Instagram account, without subsequent reconfiguration through the SocialGrow platform, will result in the automatic suspension of the Service. The Service will remain inactive until the Customer has updated and completed the reconfiguration procedure.

Such suspension does not entitle the Customer to suspend payments, nor to obtain refunds or reductions of the agreed fee.

8. OBLIGATION OF MEANS

SocialGrow provides the Service with the professional diligence required (Article 1176, paragraph 2, of the Italian Civil Code), using tools and techniques suitable for pursuing the contractual purposes according to the instructions provided by the Customer.
The Customer acknowledges that the obligation undertaken by SocialGrow is a best-efforts obligation and not a performance guarantee. Consequently, the failure to achieve specific results, growth figures, or performance levels indicated purely by way of example on the website, in promotional materials, or in commercial communications does not constitute a breach of contract and does not entitle the Customer to any compensation, refund, or reduction of the agreed fee.
The Customer acknowledges that achieving any objectives also depends on factors beyond SocialGrow’s control, including, by way of example, the quality and management of the Instagram profile, the consistency and relevance of the published content, the regularity of social activity, and the dynamics of the platform.

9. COMPENSATION

The Customer undertakes to pay SocialGrow the amount indicated at the time of purchase of the Service, according to the selected plan and payment method. Payment must be made using one of the methods provided by SocialGrow, including, by way of example, Stripe, PayPal, or other available methods.
Any financial benefits, promotional offers, or discounts applied at the time of purchase are limited to the initial period and do not obligate SocialGrow to maintain them for subsequent renewals, unless otherwise stated in writing.

10. DURATION AND AUTOMATIC RENEWAL

The contract has a duration equal to the period selected by the Customer at the time of purchase (Monthly, Quarterly, Semi-Annual, or Annual), or, in the case of activation of a trial period, the duration provided for such trial (e.g., 7 days).
At the end of the trial period, the contract will automatically and tacitly renew for the duration previously indicated by the Customer at the time of trial activation (e.g., monthly, quarterly, semi-annual, or annual), unless canceled in accordance with the provisions set out in Section 11.
At the end of each subsequent contractual period, the contract will automatically and tacitly renew for a period equal to that immediately preceding, under the economic conditions in effect at the time of renewal, unless changes have been duly communicated to the Customer with reasonable prior notice.
The automatic renewal entails the charge of the fee using the payment method provided by the Customer at the time of activation or subsequently updated.

11. CANCELLATION, WITHDRAWAL, AND REACTIVATION FEE

The Customer may autonomously cancel their subscription at any time through the “Manage Subscription” function available in their personal Dashboard. This function, after the mandatory completion of a short feedback form, automatically redirects to the Stripe Customer Portal, where the Customer can complete the cancellation procedure.
The cancellation takes immediate effect: the Service is automatically deactivated, and the purchased package ends without continuing until the natural expiration of the paid period. The Customer acknowledges that cancellation results in the permanent loss of any discounts or preferential conditions active at the time of cancellation. In the event of subsequent reactivation, the Customer will only be able to access the standard rates in effect at the time of the new subscription, in addition to the applicable reactivation fee.
Any new activation will be subject to the automatic payment of the reactivation fee, which will be communicated and charged to the Customer at the time of purchase. The system will not allow the conclusion of the new subscription without payment of this fee.
In the event of non-payment of the automatic renewal (for example, due to insufficient funds or transaction refusal), the subscription will be considered terminated with immediate effect, and any new purchase will be subject to the automatic application of the reactivation fee.

11.1 ASSOCIATION AND REACTIVATION OF INSTAGRAM ACCOUNT
Should an Instagram profile be associated with a previously expired Dashboard within the SocialGrow system, the Customer will be required to pay the applicable reactivation fee in order to proceed with the disconnection of the profile from the expired Dashboard and its subsequent use on a new active Dashboard.
If the Customer does not wish to pay this reactivation fee, SocialGrow reserves the right not to issue any refund, as the new Dashboard registered by the Customer remains active and available for the connection and use of other Instagram profiles.

12. WITHDRAWAL BY SOCIALGROW

SocialGrow reserves the right to unilaterally withdraw from the contract before the activation of the Service, for justified reasons or due to technical, organizational, or commercial reasons that prevent the provision of the Service. In such cases, SocialGrow will refund any amounts already paid by the Customer.
The Customer agrees that the exercise of this right does not give rise to any further claims for compensation or indemnity, except for non-waivable rights provided by law.

13. SUSPENSION AND TERMINATION

SocialGrow may suspend or terminate the contract, even without prior notice, in the following cases:

• Violation by the Customer of these Terms and Conditions, constituting a serious breach;
• order from a judicial or administrative authority;
• objective reasons related to the security of the platform or the protection of confidentiality;
• serious and repeated misconduct by the Customer, aggressive or disrespectful behavior, that compromises the proper performance of the contractual relationship or harms the support staff.

Failure to pay the fee or renewal within the deadlines constitutes grounds for automatic termination pursuant to Article 1456 of the Italian Civil Code.

14. AFFILIATION

The affiliate system allows the Customer to earn commissions in connection with valid sales generated through their affiliate code or link.

Commissions are acknowledged and paid provided that:

• the actions or sales are genuine and not simulated or fraudulent;
• there is no technical abuse of the system (for example, exploitation of bugs, calculation errors, or platform malfunctions);
• the Customer uses the program in good faith and in compliance with this contract.

SocialGrow reserves the right to cancel or suspend commissions in the event of:

• Self-generated sales or other practices aimed at obtaining undue commissions;
• Misuse or fraudulent use of the membership system;
• behavior that undermines the fairness and proper functioning of the program.Self-generated sales or other practices aimed at obtaining undue commissions;

SocialGrow shall not be liable for any omissions, delays, or failure to credit commissions due to technical errors, system malfunctions, or force majeure events, subject to compliance with mandatory rights under applicable law.

15. SUPPORT

SocialGrow guarantees the Customer access to ordinary technical support, included in the Service fee, aimed exclusively at managing and resolving technical issues directly related to the proper functioning of the Service itself.

Any intervention beyond ordinary technical support, including but not limited to Customer-requested customizations, special configurations, consulting activities, custom development, or extraordinary requests, may be subject to additional costs. Such costs will be communicated to the Customer in advance, and the performance of such interventions will take place only with the Customer's express consent.

16. CONFIDENTIALITY

The Parties undertake to keep confidential and not to disclose to third parties, without the prior written consent of the other Party, all confidential or commercial information, data, and documents acquired or processed on the occasion of or in connection with the performance of this contract.
This obligation applies to all information that qualifies as trade or industrial secrets pursuant to Articles 98 and 99 of Legislative Decree No. 30 of 10 February 2005 (Industrial Property Code), as well as to personal or otherwise confidential information protected under Regulation (EU) 2016/679 (GDPR) and applicable data protection laws.
The confidentiality obligation shall remain in effect even after the termination of the contractual relationship for any reason.
Exceptions are made in cases where disclosure is required by law, by a competent authority, or for purposes strictly related to the performance of the contract.

17. APPLICABLE LAW AND PLACE OF JURISDICTION

This contract is governed by and interpreted in accordance with the laws of the Italian Republic.
Any dispute relating to the interpretation, performance, or termination of this contract shall be subject to the jurisdiction of an Italian court determined in accordance with the applicable rules of civil procedure.
For consumers residing in the European Union, the mandatory provisions of the law of the consumer’s country of residence shall apply, and the consumer shall have the right to bring proceedings before the courts of their habitual place of residence pursuant to Article 18 of Regulation (EU) 1215/2012.