Terms of use - SocialPi

Terms of use.

1. Introduction

SocialPi website and App (“SocialPi”) is developed, managed and provided to you by BRANDINFLUENCER MEDIA PRIVATE LIMITED. (which will be referred to herein as either “Company”, “SocialPi”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) has been created to be an influencer marketing ecosystem for the needs of influencers, content creators, managers and brands at one place, including the current module that will help in creating and managing giveaways/contests for your website & social networks.

These SocialPi Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of these, at any time. The date when these Terms were last updated is indicated at the end of the Terms.

2. Registration and Access

In order to access the Services, you must provide the complete information requested and set up your account profile credentials (username and password). The information provided can be updated at any time by accessing your SocialPi account options page. Information used to register on the platform that is used to identify unique users and also to prevent fraudulent behaviour will not be updateable.

Users participating in the contests and giveaways shall also be required to sign up and create their user credentials. Upon signing into their account and using the Service, all such users shall also be subjected to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.

Users are exclusively responsible to safeguard themselves against unauthorised access from their computing devices. We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorised use of your account or of any related security breach by writing to us at [email protected]. In case you register using mobile number or social signup using gmail or facebook services, while we will be able to limit/restrict access to your account upon you successfully proving your ownership of the same, we won’t be able to help you recover the social account or phone number since they are outside the purview of the services provided by us, and must be recovered at your own discretion.

3. Commercial Terms

The influencers, content creators, managers and brands are free to choose between free plan and premium plan based on their requirement for individual campaigns and not as a blanket arrangement. The plan will work on a giveaway/contest to giveaway/contest basis.

Free Plan:

The platform will not be charging any fee for the creation and management of giveaways and contests on the platform from influencers, content creators, managers and brands.

Premium Plan

For Influencers opting for a Premium Plan additional terms may be applicable and the Influencers shall consent to such terms before subscribing to the Premium Plan.

For influencers, content creators, managers and brands who wish to have certain customisations like, dedicated landing page, No Ads placement, etc will be charged platform fee – which shall be declared on the pricing section of the website.

3.1 Incentive Program

Additionally, there will be an incentive program ONLY for the Influencers wherein every giveaway created will have monetary incentives for the giveaway creator based on the total unique engagement generated through the same.

The users/participants of the giveaways/contests will also be incentivised for their successful participation (complete the minimum task threshold) participation over and above the reward they may win from the giveaway/contest that they participate in. These incentives will be in the form of in-app tokens redeemable against coupons, giftcards, vouchers, etc.

These incentive programs will be dynamic and subject to change from time to time at our sole discretion. This incentive will be on a voluntary basis and not create an automatic obligation on SocialPi.

4. SocialPi BETA Limitations

PLEASE NOTE THAT SOME OF THE SERVICES ARE CURRENTLY IN THEIR BETA VERSION. THIS MEANS THAT NOT ALL FEATURES HAVE BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THERE MAY BE UNRESOLVED ISSUES. WE APPRECIATE YOUR PATIENCE WHILE WE WORK TO FINALISE THESE SERVICES. HOWEVER, WE ENCOURAGE YOU TO USE THE BETA VERSION ONLY IF YOU ARE COMFORTABLE WITH USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS OF DOING SO.

5. Ownership of the Services Provided to You

The underlying platforms of the Services are the proprietary property of SocialPi. By signing up for our Services, SocialPi grants you a personal, revocable, non-assignable, and non-exclusive, non-transferable licence to use the Services in accordance with the Terms.

“SocialPi” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to SocialPi. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by SocialPi. Except as expressly set forth herein, no right, licence, or interest to such trademarks are generated or granted hereunder.

socialpi.ai enables brands, online influencers, content creators and their managers (referred to hereinafter as Giveaway Creators) to create and manage giveaways and contests. This may include but not limited to distribution of rewards both digitally and physical delivery.

SocialPi facilitates Giveaway Creators running contests and giveaways which as a user you can enter. As an entrant you acknowledge that ” Giveaway Creators ” is fully responsible for ensuring that their contest complies with all applicable rules & regulations in the countries for which it is operating. SocialPi is not responsible for; or liable for the failure of any Giveaway Creators to comply with these rules.

“Giveaway Creators” must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which it is promoted. SocialPi will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.

Inappropriate Content. “Giveaway Creators” agree not to post or behave inappropriately. We reserve the right to determine if a post or act is offensive. You may not post inappropriate Content in connection with the Services. Inappropriate Content includes anything that SocialPi, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that: • impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity, or creates a false identity for purposes of misleading others; • promotes or contains material that is illegal, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libellous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation, directed toward children under 13 years of age or otherwise objectionable; • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; • you do not have the right to disclose under contract or applicable law; • contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services; • involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails — “spam”; • uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent; • provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the any government of any country as a terrorist organization. • includes other people’s personally identifying information or other confidential information, such as credit card numbers, licence numbers, passwords, phone numbers, addresses, and email addresses; or • violates or encourages or facilitates the violation of any applicable local, national or international law, Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider and law enforcement, if deemed necessary.

You acknowledge and agree that SocialPi is not responsible or liable for Giveaway Creators to use or distribute information you provide. Please see each Giveaway Creators promotion rules, terms and privacy policy for details on how they use your personal information.

As SocialPi can be used on any website in any country, by using SocialPi you acknowledge that you are responsible for compliance with any local laws.

SOCIALPI DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.

SocialPi may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that SocialPi may use any information you provide consistent with SocialPi and these Terms of Service.

6. Technical Support

Technical support is provided to you by SocialPi via email during regular business hours (i.e. Monday to Friday from 9AM Indian Standard Time (IST) to 6PM IST) by sending your technical inquiries to [email protected]

SocialPi shall respond via email to your support request within a reasonable time-period.

7. Account Content & Use Of Services

You shall be solely responsible for the information you or any of your authorised users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:

Run a competition without the intention of awarding a prize;
Run a competition to refer users via a referral link into another competition;
Ignore SocialPi generated entries by picking an external winner – unless specifically mentioned in your T&C. For example running a SocialPi campaign and picking winners via Retweets only, this defrauds users of their entries generated via SocialPi.
Set Up a fake giveaway with the sole intention of driving entries to a real giveaway (without the intention of providing a prize for your campaign);
Run a campaign promoting Cryptocurrencies, ICOs or Airdrops with a Team or Employees that do not exist;
Giveaway game keys purely for the purpose of farming followers for various groups or other social accounts;
Run a competition that is funded by donations or mostly contains referral, affiliate links or CPA offers;
Run a campaign that is purely designed to exchange followers (or other actions) and not for business purposes;
Encourage users to break the TOS of an external site (i.e. clicking Adsense ads);
Use or copy prize images that you do not own the copyright to;
Create multiple or false contestant accounts for the purpose of increasing campaign entries or redeeming multiple rewards;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
Reverse engineer, decompile, or disassemble any aspect of the Service;
Attempt to automate entries with the intent of defrauding the Giveaway Creators;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Interfere with or disrupt the Service or other user’s use of the Service;
Reproduce, duplicate or copy or exploit any other portion of the SocialPi Site, without the express written permission of SocialPi;
Modify, adapt or hack the SocialPi Site or falsely imply that some other site is associated with SocialPi Site
Create multiple accounts after your account has been disabled;
Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;

Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby SocialPi may ask for more information from you (such as communication with winners). During this time any live giveaways inside the account may suffer interruption, until such information is presented.

8. Third-Party Applications & Reliability

While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that SocialPi does not own or control any of these. As SocialPi serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while SocialPi monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.

SocialPi also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve SocialPi from any and all liability arising from your use of any Third Party Applications.

You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications.

In order to improve user experience we collect standard data provided by tools including Google Analytics, Microsoft Clarity, and Facebook Pixel. By using and continuing to use the application you are agreeing to have anonymized data tracked and stored by the mentioned tools in their standard implementation.

9. Right to Shut Down, Deny or Limit Access, Remove Content

SocialPi reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, SocialPi reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

10. Your Feedback

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of SocialPi, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, SocialPi may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email [email protected]

11. No Warranty

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. SOCIALPI DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Liabilities and Indemnities

You shall indemnify and keep harmless SocialPi and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by SocialPi and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.

THE CUMULATIVE LIABILITY OF SOCIALPI FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID, if any, BY YOU FOR THE SERVICES OR USE OF THE SITE.

SOCIALPI WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SOCIALPI OR ANY THIRD PARTY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Confidentiality and Privacy

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how SocialPi protects your personal information, please refer to our Privacy Policy.

14. Miscellaneous

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of India, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of New Delhi shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.

Notice:

In compliance with The IT Rules of 2021, the Compliance Officer for SocialPi shall be Mr. Aditya Mishra, he can be reached at +91 7678514452, [email protected]

15. Rewards Distribution Support Policy And Liability

The rewards distribution of any giveaway is the exclusive responsibility and obligation of the giveaway creator and NOT of the platform. SocialPi will merely facilitate the distribution and follow up with the creator to complete the same on the best-effort basis. SocialPi assumes no liability in the situation of any creator reneging on the promise of the reward. It reserves the right to act by way of stopping/restricting further activity by the defaulting giveaway creator.

16. Shipping

The host (Influencer/Brand) will verify the Winner’s address and ship the prize accordingly. The Winner must provide complete contact details including name, phone number, email address, and shipping address in order to receive the prize. If the winner is unresponsive or does not provide the information within a time frame of 72 hours since the first contact, the giveaway host (creator/brand) reserves the right to disqualify the Winner and select an alternate Winner.