“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 Alpha Creatorz customer.
“Alpha Creatorz Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags incorporated into the Subscription Service by Alpha Creatorz.
“Order Form” means the Alpha Creatorz approved form by which Customer agrees to subscribe to the Subscription Service, or purchase one or more of the Non-Subscription Services.
“Alpha Creatorz Membership Service” or “Subscription Service” means the access to the social media caption templates, photo suggestions, graphics and access to royalty-free photos accessible via Alpha Creatorz Website or another designated URL, and any ancillary online or offline products and services provided to Customer by Alpha Creatorz, to which Customer is being granted access pursuant to this Agreement and an Order Form. The Subscription Service includes the Alpha Creatorz Content, and does not include training services, consulting services, and Third-Party Products.
“Alpha Creatorz Non-Subscription Services” or “Non-Subscription Services” means payable content or services not included in Alpha Creatorz Subscription Service.
“Niche” means the social media template category as defined by Alpha Creatorz.
“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 Alpha Creatorz
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, Alpha Creatorz will provide Customer access to use the Subscription Service.
The Subscription Service will provide social media caption templates, 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. Alpha Creatorz disclaims all liability for any incompleteness and/or errors in Alpha Creatorz Content.
Alpha Creatorz may limit the use of certain features of the Subscription Service in its sole discretion. Alpha Creatorz may suspend, limit, or terminate the Subscription Service for any reason at any time without notice.
Alpha Creatorz 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 Alpha Creatorz from making such changes to the Subscription Service.
Subscription Fees and Payments
All monthly subscription payment obligations are non-cancelable and all amounts paid are non-refundable due to the nature of Alpha Creatorz products.
Monthly subscription payment obligations can be cancelled within 24 hours of subscribing and will be refunded within 30 days. The cancellation fee for subscription within 12 hours is free Rs.0 after 12 hours the fee will 199 Rs. After 24 hours the fee is no refundable.
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 Alpha Creatorz to use a third party to process payments, and consents to the disclosure of Customer’s payment information to such third party.
Alpha Creatorz 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:
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
Prices and Fee may vary and depend on project work.
All non-subscription prices and fees are non-refundable due to the nature of Alpha Creatorz products.
Customer and Personal Data
Alpha Creatorz 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 Alpha Creatorz 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 Alpha Creatorz harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Alpha Creatorz (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. Alpha Creatorz shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of SAlpha Creatorz 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 Alpha Creatorz 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 Alpha Creatorz;
(ii) requires Alpha Creatorz to make an admission; or
(iii) imposes liability not covered by these indemnifications or places restrictions on Alpha Creatorz without Alpha Creatorz 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 Alpha Creatorz 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. Alpha Creatorz 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 Alpha Creatorz 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 Alpha Creatorz 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
Alpha Creatorz DISCLAIMS ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS USED BY CUSTOMER. Alpha Creatorz LICENSORS SHALL HAVE NO
LIABILITY OF ANY KIND UNDER THIS AGREEMENT AND Alpha Creatorz 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, Alpha Creatorz WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE OR NON-SUBSCRIPTION SERVICES TO CUSTOMER.
Alpha Creatorz may update and change any part or all of this Agreement, including fees. If Alpha Creatorz updates or changes this Agreement, the updated Agreement will be posted at Alpha Creatorz Website The updated Agreement will become effective and binding on the next business day after it is posted. Alpha Creatorz 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, Alpha Creatorz 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 Alpha Creatorz will collect, use, process, share, or store Personal Data.
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 Alpha Creatorz e-mail address as provided in Alpha Creatorz account information for Customer.
Unless otherwise expressly stated herein, this Agreement (including each Order Form), along with any Alpha Creatorz exhibit or addendum hereto, including any Order Form, constitutes the entire agreement between Customer and Alpha Creatorz 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 Alpha Creatorz with respect to the subject of this Agreement.
Alpha Creatorz operates the Alpha Creatorz Website website (Alpha Creatorz), which provides the Alpha Creatorz Subscription Service (Service).
This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Alpha Creatorz website.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.
Our website uses these cookies to collect information and to improve our Service:
Functionality – we use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
Advertising – we use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
You may have the option to disable these cookies on your device. If you choose to disable our cookies, you may not be able to use some portions of our Service..
Our website is intended only for users aged 18 and older. We do not knowingly collect any personal information from any user under the age of 16 and hereby prohibit any such user providing us with any personal information. If you are a legal guardian of a child under the age of 16 and you believe that your child has provided us with any personal information, please contact us at [email protected] and we will delete such information from our servers.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
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