Terms of Service
“Agreement” means these Terms of Service and all materials referred or linked to in these Terms of Service.
“Personal Data” means the name and email address voluntarily submitted by Customer, as well as navigational data relating to each Customer.
"Customer" means the person or entity using the Subscription Service or Non-Subscription Services and identified in the applicable statement or Order Form as the Social Sam customer.
"Social Sam" means Samanta Cimerman s.p. and any entity which directly or indirectly controls, is controlled by, or is under common control with Samanta Cimerman s.p.
"Social Sidekick Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Subscription Service by Social Sam.
“Order Form” means the Social Sam approved form by which Customer agrees to subscribe to the Subscription Service, or purchase one or more of the Non-Subscription Services.
"Social Sidekick Subscription Service" or “Subscription Service” means the access to the social media caption templates, photo suggestions, graphics and access to royalty-free photos accessible via http://www.socialsidekick.net or another designated URL, and any ancillary online or offline products and services provided to Customer by Social Sam, to which Customer is being granted access pursuant to this Agreement and an Order Form. The Subscription Service includes the Social Sidekick Content, and does not include training services, consulting services, and Third-Party Products.
"Social Sam Non-Subscription Services" or "Non-Subscription Services" means payable content or services not included in Social Sidekick Subscription Service.
"Niche" means the social media template category as defined by Social Sam
"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including without limitation Communications Services.
"User(s)" means Customer's employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for the benefit of Customer and who have been supplied user identifications and passwords by Customer (or by Social Sam at Customer’s request).
"Website" means http://www.socialsidekick.net
By accessing and using the website or the subscription service in any way, you agree to be bound by this agreement, including the warranty disclaimers, limitations of liability, and termination provisions below. If you do not agree to the terms, please leave the website immediately do not use the Subscription Service.
During the Subscription Term and as provided in this Agreement, Social Sam will provide Customer access to use the Subscription Service.
The Subscription Service will provide 30 social media caption templates, 15 graphics and photo suggestions for each Niche the Customer is subscribed to on each 20th day of the month. Customer will have access to royalty-free photos which they can use in their social media posts without restrictions, with the exception of claiming that they have taken the photos themselves. Social Sam disclaims all liability for any incompleteness and/or errors in Social Sidekick Content.
Social Sam may limit the use of certain features of the Subscription Service in its sole discretion. Social Sam may suspend, limit, or terminate the Subscription Service for any reason at any time without notice.
Social Sam modifies the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve its
customers’ experience. Nothing in this Agreement shall prohibit Social Sam from making such changes to the Subscription Service.
Subscription Fees and Payments
Monthly subscription fee is $27 per Niche and yearly subscription fee is $264 per Niche. Customer authorizes Social Sam to use a third party to process payments, and consents to the disclosure of Customer's payment information to such third party.
All monthly subscription payment obligations are non-cancelable and all amounts paid are non-refundable due to the nature of Social Sam products.
Yearly subscription payment obligations can be cancelled within 15 days of subscribing and will be refunded within 30 days. The cancellation fee for yearly subscription is $27.
Once you purchase a subscription, the initial price you purchased at will remain the same until you cancel your subscription. If you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate.
Subscription Term and Renewal
The subscription term shall be monthly or annually, based on the user's selection. Unless either party gives the other written notice that it does not intend to renew the subscription, this Agreement will be automatically renewed on a monthly or annual basis.
By accessing and using the website or the non-subscription service in any way, you agree to be bound by this agreement, including the warranty disclaimers, limitations of liability, and termination provisions below. If you do not agree to the terms, please leave the website immediately do not use the Non-Subscription Services.
Customer authorizes Social Sam to use a third party to process payments, and consents to the disclosure of Customer's payment information to such third party.
Social Sam offers the following Non-Subscription Services, that can be purchased one or multiple times under terms listed in each respective's content or service description and order form:
Social Media Calendar - a yearly social media calendar with 365 post ideas. Customer who purchases the Social Media Calendar will be able to download it to their device. Social Sam may make updates Social Media Calendar, in which case the Customer, who purchased it before the update, will not get the access to the updated version without making a separate purchase.
Instagram Profile Audit - a one time audit of Customer's Instagram profile, performed by a social media expert.
Instagram Strategy - a one time social media strategy plan for Customer's Instagram profile, created by a social media expert.
Non-Subscription Prices and Fees
Social Media Calendar price is $29 per purchase, Instagram Profile Audit fee is $97 per audit, and Instagram Strategy fee is $470 per strategy plan.
All non-subscription prices and fees are non-refundable due to the nature of Social Sam products.
Customer and Personal Data
Social Sam may monitor the use of the Subscription Service and Non-Subscription Services by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Subscription Service and Non-Subscription Services. Customer agrees that Social Sam may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer.
Customer will indemnify, defend and hold Social Sam harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Social Sam (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Social Sam to the extent that such Action is based upon or arises out of (a) Customer’s use of the Subscription Service; (b) Customer’s noncompliance with or breach of this Agreement, (c) Customer’s use of Third-Party Products, (d) the unauthorized use of the Subscription Service or Non-Subscription Services by any other person using Customer’s User information, or (e) Customer’s unauthorized use, collection, storage, processing, or disclosure of Personal Data. Social Sam shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of Social Sam becoming aware of any such claim; give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases Social Sam of all liability); and provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that (i) imposes an obligation on Social Sam; (ii) requires Social Sam to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Social Sam without Social Sam prior written consent.
Disclaimers and Limitations of Liability
By using Subscription Service or Non-Subscription Services you agree that you are fully responsible for your progress and results from your participation and that Social Sam offers no representations or guarantees regarding your business profit and earnings and that you are solely responsible for your progress.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Social Sam AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE, SUBSCRIPTION SERVICE, NON-SUBSCRIPTION SERVICES, AND THE Social Sidekick CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Social Sam IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.
No Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, EVEN IF SUCH PARTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Limitation of Liability
EXCEPT FOR CUSTOMER'S LIABILITY FOR PAYMENT OF FEES AND CUSTOMER'S LIABILITY ARISING FROM ITS INDEMNITY OBLIGATIONS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE APPLICABLE ORDER FORM FOR THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Third Party Products
Social Sam DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. Social Sam LICENSORS SHALL HAVE NO
LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND Social Sam'S LIABILITY WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR THIRD PARTY CONTENT PROVIDED WITH THE SUBSCRIPTION SERVICE AND NON-SUBSCRIPTION SERVICES SHALL BE SUBJECT TO THIS SECTION.
CUSTOMER UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT ABSENT CUSTOMER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, Social Sam WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES TO CUSTOMER.
Social Sam may update and change any part or all of this Agreement, including fees. If Social Sam updates or changes this Agreement,
the updated Agreement will be posted at http://www.socialsidekick.com/terms. The updated Agreement will become effective and binding on the next business day after it is posted. Social Sam encourages Customer to review this Agreement periodically. No delay in exercising any right or remedy will operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be construed as a waiver of any right or remedy on any future occasion. Notwithstanding the foregoing, Social Sam will comply with all applicable laws and regulations to the extent that any change or update to this Agreement changes or updates the manner in which Social Sam will collect, use, process, share, or store Personal Data.
To the maximum extent permitted by law, this Agreement and all Order Form(s) shall be governed by the laws of Slovenia, EU without
reference to conflicts of law principles, and both parties hereby consent to the exclusive jurisdiction and venue of courts in Ljubljana, Slovenia, EU in all disputes arising out of or relating to the use of the Subscription Service. Use of the Subscription Service or Non-Subscription Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
Notice shall be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and shall be deemed
delivered as of the date of actual receipt. To Social Sam: Samanta Cimerman s.p., Glonarjeva 2, 1000 Ljubljana, Slovenia, EU. To Customer: Customer’s e-mail address as provided in Social Sam's account information for Customer.
Unless otherwise expressly stated herein, this Agreement (including each Order Form), along with any Social Sam exhibit or addendum
hereto, including any Order Form, constitutes the entire agreement between Customer and Social Sam with respect to the Subscription Service or Non-Subscription Services and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between Customer and Social Sam with respect to the subject of this Agreement.