Social Cloud LLC

TERMS OF SERVICES

Effective on November 1st. 2022

I. GENERAL

Social Cloud LLC provides through the site www.socialcloud.xyz of end users information society services, that includes opportunities to create web and cloud applications, applications online hosting and more (the “Services”).

Please read this document carefully. It contains the Terms for access to the website www.socialcloud.xyz and for its use (the “Terms”). These Terms governs our relationship with all Users and others who access, use or interact with the Services. If you do not accept the Terms of services stated here, it is not possible to use the site! Use of the Services available without registration will be considered as an expression of consent to these Terms. By accessing the Services, you agree to comply with these Terms.

We reserve the right to change these Terms periodically without notice to you. You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms or any subsequent changes thereto, your only choice is to immediately discontinue use of our Services. When making changes, they will be brought to your knowledge and published here.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.

In connection with the Services we provide, Social Cloud LLC processes personal data in accordance with the Privacy Policy (“Policy”), which you can read here, on our web site. The policy is an integral part of these Terms.

II. REGISTRATION

In order to use the Services, you guarantee that you have the legal right and capacity to enter into these Terms in your jurisdiction and agree to form a binding contract with us. If you are using the Services on behalf of a legal entity, you represent and warrant that you are authorized to do so. Registration on behalf of other persons in the absence of their consent is not allowed. Social Cloud LLC is not responsible in case of use of the Services by a person who does not meet the legal capacity restrictions.

The use of part of the Services is possible only with registration. Social Cloud LLC forbids any misuse of Usernames. You agree to provide accurate, complete and up-to-date registration information and to maintain it. You are responsible for all actions performed through your account using your username and password. You agree to notify us immediately in case of unauthorized access or probability of such.

We generate new user account based on the email used during the ordering process.

By registering an account we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

We reserve the right to terminate or suspend access to our Service immediately, without prior notice or liability, at any time, for any reason whatsoever, including without limitation if you breach the Terms. Upon closing an account and terminating the contract, the data stored on the Services are deleted. In order to resolve possible disputes that have arisen or become known after the termination of the agreement for the use of the Services, for a period of 1 / one / year after the termination of the account information about its conclusion is stored.

Payment. The cost of services is payable each month OR WHATEVER YOUR PAYMENT RENEWABLE CONDITIONS ARE. If invoices not paid within five business days, then Company may suspend services. The default interest rate is twelve percent (12%) per annum. Client agrees to pay all collection costs including reasonable attorney fees. CLIENT AGREES NOT TO CHARGEBACK ANY FEES. ALL SALES ARE FINAL AND NO REFUNDS SHALL BE ISSUED.

III. USE OF THE SERVICES

Our Services allow you to create and save files and other information that you can expose or send. It is entirely within your discretion what information and to which contracting party to send it.

Social Cloud LLC is not an intermediary and does not participate in any way in the subsequent communication and negotiation of terms between the parties. Decisions about what information to send, what contractual relationships you wish to enter into and under what conditions are entirely your responsibility. Social Cloud LLC is not a party to this relationship and therefore, in case you believe that the contracting party does not comply with the agreed conditions and / or his actions are not in accordance with the law, it is necessary to notify the competent state authorities.

You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content. You represent and warrant that: (i) You will not use the Services for any unlawful purposes or in furtherance of illegal activities; (ii) You own the Content posted by you on or through the Service or otherwise have the right to do so; (iii) Posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.

Each transaction incurs a transactional 1% application fee for Company services for all customers. For those in the EU economic areas or using EU economic based cards, there is also a transactional fee of 1.4% plus 0.25 EUR. For US based cards and customers the transactional fees is 2.9% plus $0.30. These fees may change over time. Company will update the website and provide ten business days notice prior to the increase. Other conditions may apply based upon another payment processor underlying rules.

IV. CONTENT

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with every other who is using the Services. You are not allowed to post or use misleading or inaccurate information.

You warrant that you have the right to use the content that you store in your account or post or send to others through the Services, and that it does not violate these Terms or the law. In case this is not the case, you are responsible for all damages arising from this for third parties and/or Social Cloud LLC.

You may not use in any way, copy, modify or distribute content that does not belong to you, for purposes other than for personal, non-commercial use or purposes incompatible with the use of the Services, without the express prior written consent of Social Cloud LLC and/or the relevant third parties. All intellectual property rights, such as the trademarks and copyrights of Social Cloud LLC, remain our property and/or property of our affiliates or licensors.

The information you store in your account and / or send to others through the Services may not contain non-application advertising content or materials that infringe or disregard the rights or legitimate interests of third parties, including fundamental human rights, intellectual property rights, etc. Using our Services you agree that you would not post or share content that is unlawful, harassing, discriminatory, obscene, offensive, threatening, harmful, tortious, defamatory, libelous, abusive, vulgar, invasive on another’s privacy, hateful, racially or ethnically offensive or obscene in nature, as well as that which could embarrass, infringe on goodwill, insult a third party or disclose protected by law secret.

You understand and agree that Social Cloud LLC cannot and will not be responsible for the Content posted on the Service. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.

We reserve the right to remove any Content from the Services for any reason, without prior notice, including but not limited to when that Content violates these Terms, constitutes copyright or trademark violations, impersonation, unlawful conduct, or harassment.

V. SERVICES AVAILABILITY

Social Cloud LLC wants to provide the best possible online experience. To do this, we must make sure that we provide high quality and timely services. You undertake not to interfere with the normal operation of the technical or software applications and computer systems of Social Cloud LLC or the users of the Services by unscrupulous actions. You understand and agree not to (i) send, transmit, redistribute, upload, or advertise any messages or content that may harm or adversely affect our business, products or services; (ii) act in a way or use of any device that restricts, violates, interferes with, or delays the use of www.socialcloud.xyz by another user or that affects the security of the site, or (iii) use any device or make attempt to use any facility, software, tool, script, or other device or mechanism (including without limitation spiders, bots, robots, avatars or reconnaissance devices) to search or navigate the Services, or to copy content from them. We reserve the right to immediately prohibit access to the Services and/or close the account of any user who violates this provision or any other provision related to the Terms of Service.

Social Cloud LLC will not be liable to you for any modification, changes, suspension, or discontinuation of the Services, or the loss of any Content. Services might be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to limit the availability of the Services or any portion of the Services to any geographic area or jurisdiction and create limits on use and storage, at any time and in our sole discretion without any liability. Hereby you expressly release Social Cloud LLC from any and all liability arising from your use of the Services.

VI. LINKS TO OTHER WEB SITES

1. Our Services may contain links to third-party web sites or services that are not owned or controlled by Social Cloud LLC or its affiliates. Social Cloud LLC proclaims that has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You are using the third-party website or services at your own risk. All Users should check the Privacy Policy and Terms of Service of any third party website.

VII. DEPOSIT REQUIREMENT APPLICABLE FOR FUTURE DEVELOPMENT

After the initial development of websites, to ensure that we can continue to provide you with the highest quality of service and timely delivery of your projects, continuously maintaining deposit applicable for future development work is required. 

What this means for you:

 ∙ Deposit Requirement: A deposit equivalent to minimum of one hour of work will be required to be continually maintained for any new development requests. 

 ∙ Purpose: This deposit will be credited toward the total cost of the project and will help us allocate resources more efficiently to meet your needs. 

 ∙ Process: Once we develop your order, we will provide a report of the completed work.

VIII. DISCLAIMERS

The Services and all Content on or available through the Services are provided on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that reliance on any information provided on or through the Services is solely at your own risk. Social Cloud LLC do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.

Social Cloud LLC expressly disclaims all warranties of any kind, whether express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy of data and noninfringement. Social Cloud LLC makes no warranty or representation, and disclaim all responsibility and liability that: (i) the Services will meet your requirements; (ii) the Services will be available on an uninterrupted, timely, safe, secure, or error-free basis without disruptions, delays or imperfections, or that defects will be corrected; (iii) the completeness, accuracy, availability, timeliness, effectiveness, usefulness, safety, security or reliability of the Services or any Content; (iv) any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content or information you may encounter on the Services; (v) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (vi) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (vii) the quality of the Services will meet your expectations.

IX. LIMITATIONS OF LIABILITY

By using the Services, you agree that Social Cloud LLC liability is limited to the maximum extent permissible in your country of residence. In no event shall Social Cloud LLC be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, opportunities, reputation, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, or inability to use the Services or any Content provided on or through the Services. Notwithstanding the foregoing, the total liability of Social Cloud LLC, whether in contract, warranty, tort (including, without limitation, negligence), product liability, strict liability or any other theory, associated with any claim arising out of or relating to use of or access to the Services for any reason whatsoever shall be limited and in the aggregate for all claims shall not exceed the greater of (i) the amount you have paid us in the past twelve months, if any, or (ii) US $100. You agree that any claim you may have arising out of or related to your relationship with Social Cloud LLC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

If anyone brings a claim against us related to your actions, content or information on Social Cloud LLC, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

X. OTHERS

You may end your legal agreement with Social Cloud LLC at any time by deactivating your accounts and discontinuing your use of the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If any part of these Terms is rejected or found invalid by a court or regulatory authority, the other Terms will continue to apply.

Social Cloud LLC failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

All disputes that may arise between you and Social Cloud LLC regarding thеsе Terms will be resolved voluntarily and deliberately by negotiation. You agree that the laws of the State of Washington, excluding its conflict of law provisions, will govern these Terms and any disputes or claims that might arise between you and Social Cloud LLC.

Assignment. Company may transfer, sub-contract or otherwise deal with Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement. These terms and conditions constitute the entire agreement between you and Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction. These terms and conditions will be governed by and construed in accordance with the laws of the State of Washington, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of County, Washington.

XI. CONTACT US

If you have any questions or concerns about these Terms, please contact us:

Company Information: Social Cloud LLC.

Headquarters: 56 Kapitan Raicho Nikolov st

Customer Service Email: pm@socialcloud.xyz