CONTRACTUAL TERMS OF SERVICE
These contractual terms govern the relationship established between SocialGrow and the Client who automatically accepts these terms by registering and purchasing the service.
The contract pertains to the provision of robotic automation actions on the Instagram social network to the Client, as detailed below (hereinafter referred to as the “Service”).
The Service can be activated through four distinct modes:
4. DESCRIPTION OF MODES
All service modes include robotic automation of actions related to voting and/or viewing Instagram stories, interactions with posts (likes, comments), automatic sending and responding to private messages, and other actions based on the chosen package, carried out by the client’s connected profile. The “Agency” package is reserved for resellers, and its availability, associated functionalities, and price may vary at the discretion of SocialGrow based on various factors, such as the number of connected profiles. This package can only be activated by the client after an agreement with SocialGrow.
The client sets the target based on information provided when filling out the control panel form, using usernames, hashtags, or locations as examples. The selection will also be automated based on algorithms, so no responsibility can be attributed to SocialGrow for any deviations from the target.
6. DISCLAIMER OF LIABILITY
The client acknowledges that the system, while not constituting unauthorized access to computer systems or any other offense under state laws, violates Instagram’s rules and terms of service. Therefore, the client assumes full responsibility for using the Service as a tool to enhance their own profile. The client also acknowledges that, although the system perfectly emulates human actions and allows for the automation of entirely legitimate behaviors, they could face suspension or even permanent closure of their Instagram account by Instagram, assuming full responsibility at their own risk. In this case, the client is still obligated to pay for the ongoing period until the end, but can request termination and will no longer benefit from automatic renewal.
For the Service to function correctly, the client must log in to their profile using their password. SocialGrow commits to encrypting the password according to EU Regulation 2016/679 and not using it for any other purpose. The client understands that if they change their Instagram profile password or modify options related to two-factor authentication, the service cannot be provided until the client logs in again, resulting in automatic suspension until reconnection.
8. OBLIGATION OF MEANS
SocialGrow provides a fully automated service, following the client’s instructions. SocialGrow is committed to providing efforts but not guaranteed results. Therefore, the lack of results compared to the examples on the website does not constitute a contractual breach by SocialGrow. The client understands that various external factors beyond SocialGrow’s control contribute to achieving the desired results.
Under this contract, SocialGrow undertakes to provide the Service specified by the client upon payment.
The Service is automatically provided to the client upon purchase, for the same reason, the client accepts to loose any right of withdrawal as the Service falls in Digital Download / Services category of Consumer Code. The client is responsible for connecting their Instagram account to the platform, configuring and activating the service. Delays in these actions will not be considered as a delay in service activation.
11. DURATION AND RENEWAL
This contract is valid for after the client purchase and it will automatically renew for 30 days at the selected package rate if not canceled through the procedure listed in Section 15. The duration will be 365 days if the client selects the “Annual” option. At the contract’s expiration, it will automatically renew for a duration equal to the previous period.
12. CLIENT WITHDRAWAL
The client can request termination and immediately interrupt the service at any time. However, if the client terminates before the agreed-upon term, they are still legally obligated to pay the entire applicable fee for the unused service period.
The client can withdraw from automatic renewal at any time for free through the “Profile” section on their personal Dashboard. Automatic renewal can only be canceled by using this button at least 24 hours before the next automatic renewal date, and it will be considered cancelled only after receiving a cancellation confirmation from the operator through the support chat.
After canceling, the service will be immediately terminated by SocialGrow upon confirmation, and the renewal won’t remain active until the previously agreed term.
If the client decides to subscribe to the service again after canceling, SocialGrow will charge a penalty of €20, automatically added to the price of the new selected package, and in case the client has no funds to pay this penality fee, SocialGrow reserves the right to suspend the service until the full price has been paid, and no refund will be issued in this case.
If the automatic renewal of a subscription is unsuccessful because the customer’s bank refuses such payment or the customer does not have sufficient funds to complete such a transaction, that subscription is immediately cancelled automatically, again resulting in the automatic addition of the cancellation fee to any subsequent subscription by the customer.
If an Instagram profile is additionally associated with a Dashboard in the system that is expired, it will be necessary to make the payment related to that cancellation fee in order to disconnect from it and thus subsequently use it on an additional Dashboard.
If the customer does not wish to incur such a cost, SocialGrow reserves the right not to issue any refund in such a case since the new Dashboard registered by the customer is still active and usable to connect additional accounts.
13. SOCIALGROW’S WITHDRAWAL
SocialGrow reserves the right to withdraw from the contract before activating the service. In case of non-activation due to SocialGrow’s decision, SocialGrow is obligated to refund the customer. The customer acknowledges and agrees that they have no further rights or claims for compensation due to the non-activation of the service.
14. LIMITATION OF LIABILITY
SocialGrow offers a fully automated service based on the client’s instructions. Therefore, SocialGrow assumes no responsibility for the data entered, transmitted, or processed by the client using the service, messages sent, or consequences of automated actions on unwanted accounts. Under no circumstances can SocialGrow be held liable for damages suffered by the client or a third party due to its operation. The client acknowledges that due to the automated nature of the Service, Instagram could temporarily block activities, during which the profile will remain active but some actions might be blocked. SocialGrow assumes no responsibility for the consequences related to the purchase of “Engagement Boost” services or any partial or total failure to provide them by providers.
SocialGrow reserves the right to suspend or interrupt the service at its discretion without it being considered a contractual breach in the following cases: a) The client breaches any provision of the contract; b) Ordered by a judicial authority; c) For security or confidentiality reasons; d) The client communicates aggressively or disrespectfully with support staff. For reason d), SocialGrow reserves the right to completely terminate customer support.
16. EXPRESS RESOLUTIVE CLAUSE
SocialGrow may terminate the contract immediately if: a) The client violates the obligations under this contract and these terms, or improperly uses the platform; b) Force majeure events occur; c) The client engages in any illegal activity using the service. If, for any reason, the renewal fee is not paid (e.g., insufficient funds or declined payment), SocialGrow reserves the right to suspend or immediately terminate the service. In this case, the lack of payment will be considered a withdrawal from automatic renewal and cancellation, automatically incurring a cancellation penalty if the client decides to subscribe again.
17. AFFILIATE SYSTEM
SocialGrow agrees to pay the corresponding commissions generated by users on the platform through the affiliate system. However, these commissions may be denied and entirely suspended if the client violates the proper use of the system, such as generating commissions from their own purchases or abusing calculation bugs. Nevertheless, SocialGrow assumes no responsibility for any partial or total failure to provide these commissions.
Ordinary assistance is guaranteed to the client and no fee is required for it. Ordinary assistance refers to interventions to resolve technical problems arising from SocialGrow’s service. Anything not covered by this definition is considered extraordinary assistance, which is charged separately and agreed upon outside this contract. Any changes required after the conclusion of activation may be considered extraordinary assistance at SocialGrow’s discretion.
19. CONFIDENTIAL INFORMATION
Both parties acknowledge that all information acquired during the relationship constitutes trade secrets according to Articles 98 and 99 of Legislative Decree no. 30 of February 10, 2005, highly confidential information, or information protected by industrial property regulations. Both parties also commit to not disclose or communicate any information or data related to implementation methods and technical rules.
This website does not display advertisements, nor does it use data for advertising purposes. However, it does utilize third-party services to improve the website’s functionality. These third parties may collect user data and subsequently use it to send personalized advertisements on other sites. Nevertheless, this website makes every effort to protect user privacy and minimize the collection of personal data.
For instance, the website uses web software in some cases, which is configured not to send cookies (and therefore not to collect data). The site also employs social web plugins to facilitate material sharing on social networks. These plugins are configured to send cookies (and potentially collect data) only after the user has activated the service.
For informational purposes, it is emphasized that cookie management is an extremely complex field that involves activity from both the site administrator (who might not be able to manage third-party cookies properly) and the user (who might block essential cookies for site functionality). To avoid any form of liability, it is recommended to use dedicated tools. Therefore, for enhanced and simplified protection of privacy, the use of anti-tracking tools is advised, as these tools block site tracking. Failure to use these tools by users is attributable to their free choice, and thus, continuing to navigate and use the site and its services without the use of appropriate anti-tracking tools absolves the site manager and the data controller from any civil or criminal responsibility. For further information, you can read the complete disclosure below.
– DATA PROCESSING CONTROLLERS
The data controller according to the applicable laws is the website administrator, SocialGrow, reachable through the CONTACT section (link at the bottom of the page).
Legal Basis for Data Processing
– PROCESSING PURPOSES
Data collected by the website, in addition to purposes related to the service provision, is used for the following purposes:
– MAIN ACTIVITIES
Collection of data and information for the execution of the service, as detailed in the terms and conditions (link at the bottom of the page), including main and accessory activities related to social media management.
– STATISTICS (ANALYSIS)
Collection of data and information in exclusively aggregated and anonymous form to verify the correct functioning of the website. None of this information is related to the individual user and does not allow for identification. Consent is not required for this purpose.
Collection of data and information to protect the security of the website (anti-spam filters, firewall, virus detection) and users, and to prevent or uncover fraud or abuse of the website. Data is recorded automatically and may include personal data (IP address) that could be used, in accordance with applicable laws, to block attempts to damage the website or harm other users, or engage in harmful or criminal activities. These data are never used for user identification or profiling and are deleted periodically. Consent is not required for this purpose.
– ACCESSORY ACTIVITIES
Sharing data with third parties that perform functions necessary or instrumental to the operation of the service (e.g., comment boxes), and to allow third parties to perform technical, logistical, and other activities on our behalf. Providers only have access to personal data necessary for their tasks, are prohibited from using the data for other purposes, and are required to treat personal data in accordance with applicable regulations.
The website collects user data in two ways:
– DATA COLLECTED AUTOMATICALLY
During user browsing, the following information may be collected and stored in the server logs (hosting) of the website:
– Internet Protocol (IP) address;
– Browser type;
– Device parameters used to connect to the site;
– Internet Service Provider (ISP) name;
– Date and time of visit;
– Referral webpage and exit webpage;
– Possibly the number of clicks. This data is used for statistical and analytical purposes, in an exclusively aggregated form. The IP address is used solely for security purposes and is not combined with any other data.
–VOLUNTARILY PROVIDED DATA
The website may collect additional data when users voluntarily use services, such as comment services, communication (contact forms, comment boxes), or data provided during registration and subscription. This data will be used exclusively to provide the requested service.
– DATA PROCESSING LOCATION
Data is processed at the data controller’s headquarters and at the web hosting data center (Contabo). The web hosting (Contabo.com) is the data processor, processing data on behalf of the data controller. Contabo operates in compliance with European regulations.
– DATA RETENTION PERIOD
Data collected by the website during its operation is kept for the time strictly necessary to carry out the specified activities. After this period, the data will be deleted or anonymized unless there are additional reasons for their retention.
Data (IP address) used for website security (blocking attempts to damage the site) is kept for 30 days.
Data for analytics purposes (statistics) is kept in an aggregated form for 24 months.
– TRANSFER OF COLLECTED DATA TO THIRD PARTIES
Data collected by the website is generally not provided to third parties, except in specific cases: legitimate requests from judicial authorities and cases mandated by law; when necessary for the provision of a specific user-requested service; for security checks or website optimization purposes.
Data Transfer to Non-EU Countries
This website may share some collected data with services located outside the European Union. In particular, with Google, Facebook, and Microsoft (LinkedIn) through social plugins and the Google Analytics service. The transfer is authorized based on specific decisions of the European Union and the Data Protection Authority, specifically decision 1250/2016 (Privacy Shield, available on the Data Protection Authority’s information page), thus additional consent is not required. The aforementioned companies adhere to the Privacy Shield framework.
– SECURITY MEASURES
Visitor/user data is processed lawfully and fairly, using appropriate security measures to prevent unauthorized access, disclosure, unauthorized modification, or destruction of data. Security of personal data during transmission is ensured using dedicated security software that encrypts information in transit. Processing is carried out using computer and/or telematic tools, with organizational methods and logic strictly related to the purposes outlined. In addition to the data controller, categories of authorized personnel involved in website management or external subjects (such as third-party technical service providers, hosting providers) may access data.
– TECHNICAL COOKIES
Used solely for the purpose of transmitting electronic communication, ensuring correct site display and navigation. They also allow distinguishing between various connected users to provide the right service (Login), and for site security purposes. Some of these cookies are deleted when the browser is closed (session cookies), while others have a longer duration (e.g., the cookie required to store user consent, which lasts for 1 year). Consent is not required for these cookies.
– Analytics cookies: Used directly by the website manager to collect information in aggregated form about the number of users and how they visit the site. They are treated as technical cookies when the service is anonymized.
– YouTube videos or other video-sharing services;
– Social network social buttons;
– Google Maps.
Instructions for disabling cookies can be found on the following web pages: Mozilla Firefox, Microsoft Internet Explorer, Microsoft Edge, Google Chrome, Opera, and Apple Safari.
– THIRD-PARTY COOKIES
– Google Analytics: Used to analyze user behavior on the site, compile reports on site activity and user behavior, determine the frequency of site visits, track how the site is accessed, and which pages are visited most frequently. The data collected does not allow for personal user identification, is treated in aggregate and anonymous form, and does not cross-reference with other information about the same individual. This data is treated in compliance with privacy regulations.
– YouTube: A platform owned by Google for video sharing. Cookies are set when accessing pages containing embedded content or when starting a video. These cookies do not identify the user unless they are already logged into their Google account. Privacy settings are activated for videos on the site to prevent YouTube from storing visitor information unless they deliberately play the video. Users who do not wish YouTube to record data about their site visit should log out of their Google account and delete any cookies that YouTube may have installed on their browser.
– Social Network Plugins: This website also incorporates plugins and/or buttons to allow easy content sharing on preferred social networks. When a page containing a plugin is visited, the browser connects directly to the servers of the social network from which the plugin is loaded. If the user is already logged into the social network, the server can track the user’s visit to the website and associate it with the user’s social account. If users do not want the social network to record data about their visit to this website, they should log out of their social network account and delete any cookies the social network may have installed in their browser. Plugins on this website have advanced privacy features that do not send or access cookies when the page is opened; they only do so after the user clicks on the plugin.
– USER RIGHTS
In accordance with European Regulation 679/2016 (GDPR), the user can exercise the following rights, as outlined by current regulations:
– Object to processing of personal data for legitimate reasons, including the sending of advertising materials or direct sales, conducting market research, or commercial communication.
– Obtain confirmation of the existence of personal data concerning them (right of access);
– Know the origin of the data;
– Receive intelligible communication;
– Obtain information about the logic, methods, and purposes of the processing;
– Request updates, corrections, additions, deletions, anonymous transformation, or blocking of data processed in violation of the law, including data no longer needed for the purposes for which it was collected;
– In cases of processing based on consent, receive their personal data provided to the data controller, in a structured and readable format by an electronic device and in a format commonly used by electronic devices;
– The right to file a complaint with the supervisory authority (Data Protection Authority – link to the Authority’s page);
– In general, exercise all the rights granted by current legal provisions. Requests should be addressed to the data controller.