Terms of Service
Last updated: May 25 2018
These Terms of Service (the “Terms”) are a contract between you and TrueSocialMetrics, Inc (”TrueSocialMetrics” or “we,” “our” or “us” ). By using the Service of TrueSocialMetrics on the web or on any other applications that give access to TrueSocialMetrics (desktop or mobile applications), you are bound to agree to the following Terms of Service. The term “you” also includes your employees or any other authorized users to the extent permitted under your subscription of the Service.
By creating an account with TrueSocialMetrics or in any other ways using the Service, you agree to be bound by the Terms of Service (as defined below) and any modifications that we may make to these Terms and Policies from time to time and become a party to this agreement.
TrueSocialMetrics reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. It is your responsibility to review the most recent version of the Terms of Service frequently and remain informed of any changes to it. If you continue to use the Service after we modify the Terms of Service, you will be deemed to have consented to such modified terms for your use of the Service.
If a user of TrueSocialMetrics Service violates any of the terms outlined below, we reserve the right to cancel accounts or discontinue access to accounts without notice. If you do not agree to these terms, please do not use our Service.
1. Account Terms
Accounts registered by “bots” or other automated methods are not permitted. You must be a human or any other biological intelligent form of life.
You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms of Service.
You must register for an account to use features of the Service. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted any signup, login and/or registration forms within our registration process (“Registration Data”); (b) maintain the security of any logins, passwords, or other login credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep it accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us via Contact Us form. TrueSocialMetrics will not be held liable for any damage or loss that may result from your failure to protect your login information
One person or legal entity may not maintain more than one free trial account.
TrueSocialMetrics may communicate with you via email or pushed notifications regarding your account, system updates, or other issues related to your account.
You may not use TrueSocialMetrics for any illegal or unauthorized purpose. You must not, in the use of TrueSocialMetrics, violate any laws in your jurisdiction (including but not limited to copyright laws). TrueSocialMetrics may refuse service to anyone for any reason at any time.
2. Payment and Fees; No Refunds
A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number.
TrueSocialMetrics reserves the right to implement fees or change the fees for certain services at any time by providing you notice on the Service or otherwise. Changes to the fee are effective upon posting the changes on the Site. When you purchase any Paid Service, you authorize TrueSocialMetrics or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. If TrueSocialMetrics does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and acknowledge that TrueSocialMetrics may suspend your access to the Service in the event such amounts are not timely paid.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is solely your responsibility. TrueSocialMetrics does not refund automatic payments not cancelled in time.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of TrueSocialMetrics and payments made by you herein.
3. Free Trial
TrueSocialMetrics may offer free trials for selected features of the Service. Once your free trial period ends, your ability to access the Service will terminate. TrueSocialMetrics reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice for any or no reason.
4. Use Restrictions
You may access and use the Service only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations. Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms of Service at all times, including your timely payment of all applicable fees for Paid Services. Without limiting the generality of the foregoing, you agree not to:
- (a) resell, duplicate, reproduce or exploit any part of the Service or make any commercial use of the Service, without our express written permission;
- (b) access, monitor, export, collect or copy any content or information on the Service using any data mining, robot, spider, scraper, or any other automated means or any manual process for any purpose without our express written permission;
- (c) “frame”, “mirror” or otherwise incorporate any part of the Service into any other website, unless expressly authorized in writing by TrueSocialMetrics;
- (d) take any action that imposes, or may impose, in our sole discretion, risk damaging, deactivating, or overloading the Service or its infrastructure;
- (e) distribute, publicly perform or publicly display any part of the Service (or any portion thereof);
- (f) modify or otherwise make any derivative uses of the Service (or any portion thereof);
- (g) violate the restrictions in any robot exclusion headers of the Service or bypass or circumvent other measures used to prevent or limit access to the Service;
- (h) deep-link to any portion of the Service for any purpose, without our prior written authorization;
- (i) use the Service other than for their intended purpose and as expressly permitted by these Terms;
- (j) intentionally or unintentionally violate any applicable local, provincial national, or international law or regulation.
5. Third Party Services, Data and Links
The Service allows you to gather data from multiple third-party data sources and services, including various third-party websites. The third-party services from which the data can be gathered are selected by TrueSocialMetrics at its sole discretion and TrueSocialMetrics reserves the right to select, discontinue and change such available sources at any time. TrueSocialMetrics has no liability whatsoever for the data or other content collected from third-party services. It is your sole responsible to ascertain that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorisations as may be needed in relation to such data or other content and their processing by using the Service. The Service may be used as an add-on to various third-party services and software. We do not assume any liability for such third-party services or software, and you are solely responsible for obtaining any necessary licences or consents needed for their use. You must familiarise yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such third-party services and you agree to comply with such third-party terms and conditions in addition to these Terms and the Policies.
6. Modifications to the Service
TrueSocialMetrics reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
7. Cancellation and Termination
Your account and subscription of the Service remains in effect unless you cancel it or unless TrueSocialMetrics terminates your account as provided by these Terms.
Your account and subscription of the Service is automatically renewable. Your subscription of the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you cancel your subscription or we terminate it.
TrueSocialMetrics reserves the right, subject to a reasonable notice, to (a) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (b) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if TrueSocialMetrics believes that You have violated these Terms of Service.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. TrueSocialMetrics shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
9. Copyright and Ownership
TrueSocialMetrics or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, and many of the individual features. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which TrueSocialMetrics or its suppliers own.
Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party or applicable legislation.
11. Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. The Service, and all content available on and through the Service are provided on an “as is” and “as available” basis. TrueSocialMetrics does not warrant uninterrupted use or operation of the Service or your access to any content. No advice or information, whether oral or written, obtained by you from the Service will create any warranty regarding TrueSocialMetrics that is not expressly stated in these terms.
12. Limitation of Liability
Neither TrueSocialMetrics nor its suppliers or licensors will be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if TrueSocialMetrics or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the Service or any content.
13. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.
14. Governing Law
It is expressly agreed that US law shall be the law applicable to these Terms of Service and any litigation between you and TrueSocialMetrics Inc. related to the use of the TrueSocialMetrics Service shall be submitted to the jurisdiction of a competent court in Wyoming. These Terms of Service will be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to its conflict of law provisions or your actual state or country of residence.
15. General terms
If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
Any questions regarding the Terms of Service should be addressed to Contact Us form.
Data Processing Addendum
Last updated: May 25 2018
This Data Processing Addendum (the “Addendum”) is made by and between TrueSocialMetrics, Inc. (“TrueSocialMetrics”,“we”, “us”, “our”) as a data processor and you (“Customer”) as the data controller.
This Addendum is incorporated into TrueSocialMetrics Terms of Service (“Agreement”) and applies in respect of the provision of the Services to the Customer if the Processing of Customer Personal Data (as defined below) is subject to the GDPR, only to the extent the Customer is a Controller of Customer Personal Data and TrueSocialMetrics is a Processor.
1. Processing of your personal data
The parties acknowledge and agree, for the sake of clarity, that in relation to the personal data processed under this agreement Customer is the Controller of Customer Personal Data and TrueSocialMetrics is the Processor of that data.
Each of the Customer and TrueSocialMetrics will comply with their respective obligations under the Data Protection Legislation. Customer shall ensure that Customer has informed its data subjects and obtained (or will obtain) all rights and consents (if required by the applicable Data Protection Legislation) to allow TrueSocialMetrics to Process Customer Personal Data to provide the Services in accordance with this Addendum and the Agreement.
2. Confidentiality and security
We will ensure that any person whom TrueSocialMetrics authorizes to Process Customer Personal Data on its behalf is subject to confidentiality obligations in respect of that Customer Personal Data.
3. Responsibilities of the data controller
We will assist you in providing any technical or organisational measures for the fulfilment of your obligations as data controller in relation to possible requests for exercising the data subjects’ rights laid down in the applicable legislation. Taking into account the nature of the Service, you further agree that we cannot commit to providing such assistance.
We will assist you in ensuring compliance with your obligations relating to the security of data processing, notifications of personal data breaches to the supervisory authorities and communications to data subjects and data protection impact assessments. We will notify you about any personal data breaches concerning your data as soon as possible and, where feasible, at the latest 48 hours after having become aware of such personal data breach.
Taking into account the nature of the data processing and the information available to us as the data processor, you agree that we may be unable to assist you in these matters. You are solely responsible for complying with data incident notification requirements applicable to you and fulfilling any third-party notification obligations related to any data incidents.
You agree that we may appoint sub-Processors to perform specific services on our behalf which may require such sub-Processors to Process Customer Personal Data and that such sub-Processors may be located, and your data may be processed, outside the European Economic Area subject to applicable legislation. If we transfer any personal data outside the European Economic Area, we ensure that the personal data is transferred in accordance with the applicable law.
If we engage another processor for carrying out processing activities on your behalf, at least the same data protection obligations as set out in this agreement, shall also apply to such sub-processor. If such sub-processor fails to fulfil its data protection obligations, we shall remain fully liable to you for the performance of the sub-processor’s obligations.
We will inform you of any intended changes concerning the addition or replacement of sub-processors. We may provide information regarding such third party sub-Processors upon request, and always subject to our confidentiality obligations. If you do not approve our use of any third party processors, please stop using the Service immediately.
5. Deletion and Retention of Customer Personal Data
We may retain personal information for as long as we have a business need for it or as applicable laws or regulations or government orders require us to retain it. Additionally, the Service may enable you (or other users) to save information including information that you have made public or allowed certain users to access or see.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, in the limited circumstances where this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Data relating to bank cards and other payment methods are stored by our secured payment service provider 2Checkout for as long as reasonably required for business purposes or as reasonably required to comply with their legal obligations. By subscribing to the services offered on the Website, you expressly agree to this storage.
You may have the right, in accordance with applicable legislation only, and subject to the Customer paying all of TrueSocialMetrics’ fees at prevailing rates, and all expenses, to receive all information necessary to enable you to demonstrate compliance with its obligations under the GDPR, where and to the extent mandated under applicable legislation to do so, we may allow for, and contribute to, audits, including inspections, conducted by you in relation to personal data in relation to our Service provided to you only. To the extent that such information is within TrueSocialMetrics’ control and we are not precluded from disclosing it by applicable law, a duty of confidentiality, or any other obligation owed to a third party, and provided that such audits shall be carried out with reasonable notice during regular business hours not more often than once per year.
With regard to the subject matter of this Addendum, in the event of In the of any discrepancies between the provisions of this Addendum and the Agreement, the provisions of this Data Processing Addendum shall prevail.
Please Contact Us if you need a signed copy of this Data Processing Addendum.