Terms of Service
Updated December 2020
Please review these terms and conditions of service before using smo.agency and the services of the network.
- This document states the terms and conditions (hereinafter “Terms”) upon which , a company organized in (hereinafter “Company”, “Companies”, “we”, “us” or “our”), operates and provides services including via and in relation to the Smo.agency website (the “Service”).
- By placing an order on our Service, you automatically accept all of the following terms of service, whether you have read them or not.
- By placing an order on our Service, you automatically accept to use the Service according to all agreements of different social networks on their separate terms of service page. Smo.agency tariffs are subject to change at any time without prior notice. Payment / return policy remains in effect in case of rate change.
- By using our Service, you automatically accept all the rules and rights.
- The customer can no longer have any rules and rights, other than those described in this agreement.
- Continued use of the Service following recent amendments signifies your assent to the revised Terms of Service. You further agree to apprise yourself of recent changes on the Terms of Service through periodic reviews of smo.agency website.
- If you do not wish to be bound by these terms of service or do not agree to any or all terms, do not register.
About our Service
- The Service provides certain services, including social media engagement. If you use the Service to buy advertising space (as an "Advertiser") you hereby acknowledge and agree that you agree to and will be bound by the Advertiser's Supplement, respectively, as they may be amended from time to time and which are incorporated herein by reference (together, the "Transaction Supplements"). You acknowledge and agree that a breach of any provision in either of the Transaction Supplements is a breach of these Terms. Where these Terms and the Transaction Supplements conflict, these Terms shall control.
- The Services may be purchased online through smo.agency. By purchasing any Services, you agree to pay the indicated purchase price and further agree that (a) you have the authority make such a purchase, (b) you have the authority to use or access the social media account linked to the purchase, and (c) you will not use the Services for any fraudulent or illegal purpose whatsoever.
- The Service may be used only for promoting your social media accounts or channel and will only help you enhance your "appearance".
- You must be over eighteen (18) years old to use the Service, unless the age of majority in your jurisdiction is greater than eighteen (18) years of old, in which case you must be at least the age of majority in your jurisdiction. By accepting these Terms you represent and warrant that you are at least the minimum age as required by the previous sentence. Use of the Service with the age less than majority is prohibited and you represent and warrant that you are not otherwise prohibited to use the Service.
Usage of service
- You must create an account with us (an "Account") to use the Service. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request.
- By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf.
- You should not use another person's Account without authorization. You are responsible for maintaining confidentiality and limited access to your account. You are solely responsible for all actions on your account. You will immediately notify us to declare about any breach of security or unauthorized use of your account. Pursuing to the terms and conditions set forth herein, we are not responsible for any loss of any unauthorized use of your Account and, in addition to Section 6 of this Agreement, we are not in charge of any unauthorized use. You acknowledge that anyone who accesses your account will have access to all of your data, including any private content, as well as the ability to buy advertising on your behalf.
You can use ads / links to accounts / videos / posts that:
- do not violate the current legislation;
- do not promote violence and racial discrimination, calls to commit crimes and other illegal actions.
- You may not run other marketing campaigns while your smo.agency marketing campaign is running. We use public statistics to measure the results of our campaign, which other campaigns may interfere with. If you do run other marketing campaigns simultaneously with smo.agency ís marketing campaign, then you agree that the Company is not responsible for every fan, follower, view, comment, like, visit, and/or vote that you gain during the duration of your marketing campaign.
- The Service has the right to refuse any Advertiser to promote his Video or Channel or account etc. without stating a reason.
- The Service in its sole discretion, may modify or review these Terms of Service at any time without prior notice. All recent modifications or revisions done by our Service replaces all former agreements and takes effect upon the date of posting.
- The Service reserves all rights over our Proprietary Materials. All proprietary materials are subject to copyright, trademark, trade secret and / or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws and international conventions.
- The Service reserves all right to stop any work if you advertising contains an attraction of Referrals by using of contextual advertising and the following words - "Smo.agency", "smoagency", "smo agency", as well as any words / phrases created on their basis or similar to them to the point of confusion in different languages.
The Service reserves all rights to block you advertising if:
- Your Advertisement contains any illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate content as decided by us in our sole discretion.
- Your Advertisement depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals.
- Your Advertisement contains material that impersonates any person or entity or otherwise misrepresents you or Your Website's users in any way.
- Your Advertisement contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- Your Advertisement contains or advertises "malware".
- Your Website and Advertisement phish for information, mislead users, or include any content which forces users to take any action (warnings, locking notifications, etc.).
- Your Advertisement contains or advertises torrents, "warez" or similar content.
- Your Advertisement contains or advertises stolen scripts.
- Your Advertisement promotes or incentivizes online activity to surf websites, click on ads or engage in any activity that artificially enhances website, advertiser or other metrics.
- Your Advertisement promotes the production of fake documents, the copying of materials or paper mills.
- Your Advertisement promotes drugs or any related paraphernalia.
- Your Advertisement promotes content that is targeted to anyone under the age of eighteen (18) years.
- Your Website and Advertisement under construction or incomplete.
- Your Property doesn't contain substantial real content and not simply be "blind links."
- Your Advertisement uses any third party trademarks without appropriate authorization and may not create a likelihood of confusion for consumers or dilute any third party trademarks.
- Your Advertisement attempts to profit from human tragedy or suffering.
- The Service cannot and do not make any guarantees about how long your marketing campaign will take to successfully complete. Any time frames mentioned on the smo.agency website, by Company employees, in any chats, emails, phone conversations, or any other correspondence is not a guarantee of how long it will take the marketing campaign to successfully finish. Any estimate provided by the Company regarding how long a marketing campaign may take to successfully finish is simply a guideline designed to help our customers plan ahead.
Limitation of Liability
- The Service is not responsible for your actions and their consequences, including accounts or pages banned or photos removed, the Company will not issue any refund or compensation in this case.
- The Service acts as a reseller/platform provider and does not take any responsibility for the third parties - the sellers of services or publishers. The Service does not moderate any publications and does not take any responsibility for content on it.
- The Service does not bear any responsibility for the actions of social networks (account blocking, decrease in search results, etc.). The client assumes all responsibility for using the Service.
- The Service does not guarantee that your new subscribers will interact with you. The Service can only guarantee the followers you pay for.
- The Service does not guarantee that 100% of the attracted accounts will have a completed profile, photo and description, however, the Service strives for this.
- The Service is not responsible for account suspension or image deletion done by any social networks.
- The Service does not guarantee the absence of write-offs of volumes by social networks, however, the Service does everything possible to ensure that the quality of the services provided is at a high level.
- For use of our Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. You are responsible for payment of all applicable fees incurred by your Site account. All fees due from you to us hereunder, including to the extent applicable, monthly subscription fees, weekly subscription fees, one-time product purchase fees, recurring fees, auto-refill fees annual renewal fees, third-party fees, applicable taxes, charge-back fees, resubmission fees, late payment fees, takedown fees, change request fees, and reinstatement fees, are referred to herein as “Service Fees”.
- You agree that we may charge all Service Fees, including auto-refill charges to the payment method (e.g., credit card, debit card, etc.) you have provided during checkout. You are responsible for the timely payment of all Service Fees. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you.
- No refunds will be made to your payment method. After a deposit has been completed, there is no way to reverse it. You must use your balance on orders from Smo.agency. You agree that once you complete a payment, you will not file a dispute or a chargeback against us for any reason. If you file a dispute or charge-back against us after a deposit, we reserve the right to terminate all future orders, ban you from our site. We also reserve the right to take away any followers or likes we delivered to your or your clients on other social media account. Orders placed in Smo.agency will not be refunded or canceled after they are placed. You will receive a refund credit to your Smo.agency account if the order is non deliverable.
- Misplaced or Private account orders will not qualify for a refund. Be sure to confirm each and every order before placing it. Fraudulent activity such as using unauthorized or stolen credit cards will lead to termination of your account. Please do not use more than one server at the same time for the same page. We cannot give you correct followers/likes number in that case. We will not refund for these orders.
- Funds received under the referral program cannot be transferred (transferred) to another advertising account.
- The Service does NOT make a refund if the order is made for a closed / private account, as well as when hiding information about statistics and counter, when creating an order - be careful.
- The Service does NOT make a refund when content is deleted or when a special restriction is imposed by the social network.
- Refill - we do a refill within the ordered volume, but not more than 100% of the ordered quantity.
Affiliate and referral programs
- The Service provides its own affiliate and referral programs for partners.
- Every user can use the Service’s affiliate program. User can take our ready-to-use code on our website, set margin and place widget on different web-sites. The user earns on the margin that he sets himself.
- Every user can use the Service's referral program. User can work with our platform and get a certain percentage from all spendings of invited referrals.
- Referrals attracted by a user and having one IP address and a single digital footprint with the user will not be considered as attracted referrals.
- The Service is not responsible for the data inserted into the code by third parties. The Service only provides the code for public use. Responsibility for any modification of the code is borne by the second party not associated with The Service.
- An Affiliate can request a payment when their balance reaches a minimum balance of $50 USD. Payments can be requested every 30 days. Payment processing can take up to 30 days from the request date.
- The Service works with different payment services. You can use it for payment requests.
- The Service reserves the right to change the terms of affiliate and referral programs at any time. For more information about margin, payments, codes of affiliate and referral programs you can visit programs pages.
- The user will receive a percentage (set by the Service) from all the spending of his referrals minus the cost of replenishment and refunds.
- Advertisers hereby agree not to contact websites in the Company’s Ads Network in order to purchase advertising space from them or engage in practice that would be deemed competitive to the efforts of the Company in its attempts to represent the website’s advertising spaces. Violation of this clause shall be deemed a material breach of this Contract.
- Each Party (a “Receiving Party”) understands that the other Party (a “Disclosing Party”) may disclose information of a confidential nature including, without limitation, product information, data, pricing, financial information, software, specifications, research and development and proprietary algorithms or other materials that is disclosed in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information”).
- The Receiving Party agrees, for itself and its agents and employees, that it will not publish, disclose or otherwise divulge or use for its own purposes any Confidential Information of the Disclosing Party furnished to it by such Disclosing Party without the prior written approval of the Disclosing Party in each instance. Neither party will make any public announcement regarding the existence or content of the Agreement without the other’s prior written approval.
- The Parties agree that if disclosure is made to their professional advisors, auditors or bankers this shall be done subject to each Party procuring each such recipient’s agreement to keep such information confidential to the same extent as if such recipient were Party to this agreement.
- The foregoing obligations under this section 11 shall not extend to any information to the extent that the Receiving Party can demonstrate that such information (i) was at the time of disclosure or, to the extent that such information thereafter becomes through no fault of the Receiving Party, a part of the public domain by publication or otherwise; (ii) was already properly and lawfully in the Receiving Party’s possession at the time it was received by the Receiving Party free from any obligation of confidentiality, (iii) was or is lawfully received by the Receiving Party from a third Party who was under no obligation of confidentiality to the Disclosing Party with respect thereto, or (iv) is independently developed by the Receiving Party or its independent contractors who did not have access to the Disclosing Party’s Confidential Information or (v) express written consent has been given prior to disclosure.
- In the event that the Receiving Party is required to disclose Confidential Information in accordance with judicial or regulatory or governmental order or requirement, or any tax authority to which that Party is subject or submits, wherever situated, whether or not the requirement for information has the force of law the Receiving Party shall promptly notify the Disclosing Party in order to allow such Party to contest the order or requirement or seek confidential treatment for such information.
- Upon termination or expiration of this Agreement, upon the request of a Disclosing Party, the Receiving Party agrees to return to the other all of such other Party’s Confidential Information, or to certify to the Disclosing Party in writing that all such material has been destroyed, however, destruction is only permitted after Disclosing Party’s prior approval.
- Either party may cancel the ads campaign and terminate the present Agreement with 48 hours’ written notice to the other party.
- The Company shall be entitled, with immediate effect, to stop Advertiser’s Campaign or to prematurely terminate this Agreement in writing where: (a) Advertiser uses the Service or Program in a manner that entails the perpetration of a crime; (b) Advertiser uses the Service or Program in a manner that occasions losses or the risk of loss for the Company or any third Party; (c) it may be reasonably assumed that Campaign violates governing law; (d) notwithstanding reminders, Advertiser fails to pay agreed fees or any other remuneration to the Company within a stated time; (e) Advertiser otherwise fails to comply with this Agreement and such breach of contract is material; or (f) Advertiser is placed into insolvent liquidation or is otherwise insolvent.
- In this case, the Company shall have the right to block your account immediately and to withhold the remaining funds at your account as a fine.
- This Agreement will be blocked when the Advertiser’s Account has not been in use for more than three (3) months.
- You will receive a notification informing you that your account is blocked due to “Inactive account status” at account login. After deactivation, you will have 90 calendar days to restore your account. To do so, you have to login to your account and follow the steps described there. If your account is not reactivated within 90 calendar days it will be deleted without option to restore it.
- If your account balance is 0 EUR/USD, the system will automatically block your account, if otherwise not agreed by the parties. If your account balance is above 0 EUR/USD, the remaining funds will be fully deducted from your account.
- You acknowledge and agree that in the case of Your account being deleted at any reason it doesn’t mean that user data would be erased too.
- Hereby we grant you a non-exclusive, non-transferable, revocable right to use Company’s Service and access our Program solely in accordance with the terms of this Agreement.
Entire Agreement and Variation
- We reserve the right to amend the terms and conditions of this Agreement at any time unilaterally. The Advertiser shall be informed of such amendments by relevant notice in personal account or through the information being made available on the Company’s website. The Advertiser shall be deemed to have received such notice within two (2) weeks of the notice being sent by e-mail or made available in Advertiser’s personal account on our Company’s website. Where the Advertiser does not accept the amendment, the Advertiser shall be entitled, within thirty (30) calendar days from the date of dispatch of the e-mail or, where appropriate, thirty (30) calendar days from the amendment being published on the website, provided that the changes have an adverse effect, that could not be considered as minor, on the Advertiser, to terminate the Agreement with immediate effect. Where the Agreement is not terminated by the Advertiser within the aforementioned time, the Advertiser shall be deemed to have accepted the new terms and conditions.
- The force majeure events are understood as events which occur after the Effective Date, regardless of the will of the Parties, and which could not be foreseen and prevented by any reasonable actions of the Parties. The influence of these events may postpone the performance of all or several parts of present Agreement or other terms and conditions agreed by the Parties.
- The circumstances of force majeure include such events as war, mobilization, epidemic, fire, natural disasters, traffic accidents and changes in legislation, if such events meet the criteria of this Agreement. The list above is not exhaustive.
- If provision of Services was postponed due to the force majeure, the Party affected by force majeure shall notify the other Party in writing about the day of the force majeure commencement within 5 calendar days. With the cessation of force majeure and the restoration of normal conditions, the Party which was affected by force majeure shall notify the other Party in writing within 3 calendar days.
Choice of Law and Venue
- To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Great Britain without regard to conflict of law provisions. For any claim brought by you against us, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the courts located in london, england. For any claim brought by us against you, you agree to submit and consent to the personal jurisdiction in and the venue of the courts in London, England and anywhere else where personal jurisdiction over you can be found.