Thank you for using AppSally.com (“AppSally”). These Terms of Service (the “Agreement”) is a binding contract between you and AppSally, Inc (the “Company”). By accessing AppSally or making any purchase from the Company, you agree to be bound by this Agreement in full. By accessing AppSally or purchasing any of the AppSally Services, you indicate your acceptance of this Agreement and its terms and conditions. Additional terms and conditions may apply to additional areas of the website or to particular negotiations or content posted on the site, in conjunction with the actual Terms of Service Agreement. AppSally holds the right to make changes to the Agreement at any time. Customers who use the AppSally agree to follow any change or modification and are bound to the modified Terms of Service Agreement. The current revision date of the Terms of Service is listed above.
AppSally provides certain services, including social media engagement and subscriber services (collectively, the “Services”). The Services may be purchased online through AppSally. 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. You acknowledge and agree that all sales are final and that refunds will only be offered in accordance with the terms of this Agreement. Refunds will only be granted in the sole discretion of the Company.
All content, including text, images, sound, video, and code (collectively, the “Intellectual Property”) found throughout AppSally is the intellectual property of the Company and is protected by applicable U.S. and foreign copyright, trademark, and patent laws. These belong expressly to AppSally or other copyright owners who have given express authorization to use their information on the AppSally website.
LIMITATION OF LIABILITY
Under no circumstance shall the Company be responsible for any damages, liabilities, or losses, whether sounding in contract, tort, or otherwise, arising out of your use of AppSally or the Services. You understand and acknowledge that your use of the Services is at your own risk.
You agree to indemnify, defend and hold harmless AppSally from any claim arising out of, relating to, or connected with your use of AppSally or the Services. You must also indemnify, defend, and hold the Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement.
You agree to solely use the website for lawful purposes, and not to compromise the security of the website, render it inaccessible to others or cause damage to the content, service or website. As a user you agree to refrain from any action that may add, subtract or modify the content of the site. You agree to refrain from accessing content without permission and will not use the website in any way other than the way it is intended.
The company shall keep confidential any information you submit to the Company as it relates to the processing of any order for Services. Any other material or information sent to the website will be considered non-confidential. You hereby grant the Company the royalty free irrevocable permission to use, display and distribute in whole or in part, the submission in any manner it sees fit.
CORRECTION OF INACCURACIES
AppSally reserves the right to correct any errors or inaccuracies in the content on the website, or to change and update the content at any time without giving prior notice. However, AppSally does not guarantee that errors, inaccuracies or omissions will be corrected immediately.
This Terms of Service Agreement with AppSally constitutes the entire agreement between all parties with respect to the subject matter hereof.
3RD PARTY SERVICES PROVIDERS
The services provided on AppSally are fulfilled by the 3rd party service providers and not AppSally. 3rd party service providers undertakes that he/she has appropriate permits, rights and/or licenses to provide, sell or resell the service offered on AppSally. Service providers advertising their online services must comply with the laws and terms of service of the relevant websites used for fulfilling their services. Failing to do so may result in the removal from the list of service providers.
TERMINATION OF SERVICE
The term of this Agreement will begin upon AppSally’s acceptance of your job order and will end when terminated by either party. If AppSally determines, in its sole discretion, that you are abusing the system, the company (without limiting any other rights or remedies available to it) withdraw your participation and withhold any amount to you. In case of you want to cancel order before start or terminate an order in progress, we offer to transfer the undelivered order value to other services we offer. All payment, fees and charges are non-refundable. However, we may offer refund as complementary when available.There will be no full refund of payment, fees and charges for whatever reason including but not limited to change of mind, invalid link and canceling before order start. We may refund with a charge of 10% of the undelivered part of order value or $5 USD (whichever is higher) as refund processing fee. When refund option is available, it is open up to 3 months from the date of order placed. After 3 months, we will only offer transfer of the undelivered part of order value.
We prefer to solve disputes amicably. However if you choose to resolve dispute by leaving to payment gateway (eg. Paypal) decision, you agree that regardless of payment gateway decision, we will NOT continue to deliver service. Warranty, replacement and refund request will also be voided. In addition we will submit all your order information (IP, email, screenshot, etc) to payment gateway & relevant parties to facilitate the dispute process.
We cannot and do not make any guarantees about how long your marketing campaign will take to successfully complete. Any time frames mentioned on the AppSally website (and its subdomains), 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.
By signing up for AppSally’s services, you agree that AppSally reserves the right to pause your campaign for any reason and without any notice. It is always our goal to deliver your order as quickly and safely as possible; however, there may be certain circumstances such as a page actively losing followers or an upgrade performed to a Social Network that may make pausing your campaign necessary. Pausing a campaign does not make you eligible for any partial or full refunds.
You may not change, modify and/or remove your account, username, photo and/or video while your AppSally marketing campaign is running. Doing so may make your account, photo and/or video inaccessible and cause an interruption of our service. You agree that any changes, modifications and/or removal of your account, username, photo and/or video without prior notice and approval from AppSally, will make your affected order(s) subject to terminations and ineligible for any type of refund.
SOCIAL MEDIA ACCOUNTS
The company shall in no way be liable for any accounts, photos, videos, and/or tracks and that are removed due to our services being implemented or your interaction with AppSally. It is nearly impossible to determine why social media account providers suspend or delete accounts or content. All purchases of Services are made at your own risk. Due to this we cannot refund after services have been completed if this has occurred to an account/content.
OVER-DELIVERY OF SERVICE
AppSally may over-deliver the Services it guarantees, including but not limited to delivering extra followers or subscribers than ordered. This over-delivery amount (“Extras”) should be considered a buffer, in the event of a small loss of followers or subscribers. Extras are not covered by the Company’s Retention Guarantee and Extras are not eligible for replacement in the case of a loss that is equal to or less than the over-delivery amount.
The Company offers a Limited Retention Warranty with some of their services. If a customer uses one of AppSally’s Services and then loses followers, likes, views and/or reviews acquired by AppSally (beyond the Extras), AppSally may be able to re-deliver followers, likes, views and/or plays at no cost at the Company’s discretion. Each service offers a different duration for AppSally’s Retention Warranty, and is indicated below: • 15 days replacement warranty is provided for all services unless specified otherwise in some services description and below. If the delivered service drops below your bought amount within 15 days of order start date, please contact us for a replacement. If the service drops after 15 days, no replacement will be made. • Depends on the type of service, screenshot proofs, tracking dashboard or reports will be provided as proof of delivery. • Reviews – If reviews are removed within 15 days period, maximum 50% of the reviews will be replaced. • Upvotes/Downvotes – Due to the operating nature of upvote/downvote system, we are not able to offer replacement for this service. The Company shall make a final and non-appealable determination regarding any replacement requests.