Soaster Terms of Service

These Terms of Service are effective as of October 1, 2018.

Acceptance of Terms

By accessing the site and using the services, you confirm that you have

• accepted the Terms of Service.

• read, understand and accept this agreement.

• provided information within your right of use, either personal or on behalf of another entity.

• acknowledge that this is a contract between you and Soaster.

Availability of the Site

You acknowledge that

• there may be interruptions, suspensions and terminations in service due to both internal and external causes.

• the site may be unavailable from time to time for reasons such as routine maintenance.

• matters listed above cannot be served as a claim to terminate a subscription or demand any refunds.

Description of Service

• The website, mobile application and their features are the services offered by Soaster. Any new features and services are also subject to this Terms of Service. Updated features will not bring extra charges yet optional new features might be subject to additional fees.

Billing, Plan Modifications and Payments

• The first month of the service includes a complimentary free of charge use of Soaster features. After the first month, the user may continue with the “Free Plan”, which offers a limited functionality. The user may also continue with a paid plan to unlock the additional/full features of Soaster. The continuation of these services are described in the below articles.

Billing and Payments.

• Soaster offers multiple subscription methods. You may subscribe via Soaster web services (using payment mechanisms such as Paypal, Stripe, etc.), or you may subscribe from mobile application through respective mobile stores (such as ios Appstore, Google Play Store, etc).

• Unless otherwise stated, services are made available on a pay-as-you-go basis and is charged at the start of the subscription term (monthly or annually).

• If you are using a paid plan, your account will be downgraded to a free plan if it is overdue until payment information and charge authorization are provided (a limited grace period may follow the overdue date to allow the user to resolve the payment issues).

• Your subscription will be automatically renewed and you will be charged accordingly if you do not cancel 24 hours prior to the expiration of the current subscription.

• For subscriptions through Soaster web services, you may cancel your subscription by visiting the Soaster website or mobile application and clicking on Disable Account from the Change Plan option.

• For subscriptions through mobile stores (i.e., Appstore, Playstore), you may cancel your subscription by visiting your subscriptions on the relevant Store.

• You may change your subscription plan by visiting the Soaster website or mobile application and clicking on Change Plan.

Modifying Your Subscription.

• If the plan is upgraded in any way, the additional cost will be added to the remaining term of the subscription period.

• If the plan is cancelled before the subscription period, there will be no refunds.

• If the plan is downgraded, loss of content and features might occur.

Overdue Charges

• Your subscription may be cancelled in the event that you fail to pay on time or provide valid payment information.

Billing Privacy

• Soaster does not collect or store private payment information such as credit cards, etc. We use a third-party intermediary to verify subscription payments (mobile stores, paypal, stripe, etc). This intermediary is only allowed to store, retain or use your billing information to process it for Soaster.

Taxes

• Our charges do not include taxes. However, the user is responsible for any possible tax charges resulting from the benefits gained through the service.

Intellectual Property Rights

• Soaster owns all rights described in the “Intellectual Property Rights” and the rights granted to the users do not give any additional rights or ownership in the service provided.

• As between You and Soaster You own the information you provide Soaster or input on third-party websites through the Service. You grant Soaster a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to us to use copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the foregoing described information for the sole purpose of providing the Service to You and Your Users (as defined below). By providing information to us or to third-parties through the Service, You represent and warrant that You are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Licensee may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without first having obtained all rights, permissions and consents necessary (a) to make such content available on or through the Service, and (b) to grant Soaster the limited rights to use the content as set forth in this Agreement. The burden of determining whether any content is protected by any such right is on You.

• Soaster shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or
  otherwise use any suggestions, enhancement requests, recommendations or other feedback (“Feedback”) We receive from You. You understand and agree, however, that Soaster is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

• All rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Soaster and its third-party vendors.

• Upon subscribing to the Service and subject to Your compliance with the terms and conditions of these Terms, Soaster grants you a non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use the Service (for the particular subscription purchased) and the Site, strictly in accordance with this Agreement and subject to all the limitations set forth in this Agreement.

Account Registration

• In order to use a paid plan of the Service, you are required to register for our service for which you will pay a subscription fee for use of the Service following the expiration or termination of any Free Trial account. The subscription fee, following the expiration or termination of any Free Trial account, must be prepaid in order to use the Service. If not, you can continue to use Free Plan.

• To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the Service, or not otherwise prohibited from having a soaster.com account, (2) are not a competitor of Soaster or are not using the Service for reasons that are in competition with Soaster; (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of Soaster, including intellectual property rights such as copyright or trademark rights; and (5) agree to provide at Your cost all equipment, software, and internet access necessary to use the Service.

Use of the Service

• Soaster provides the users “who to follow” suggestions to increase the number of their organic followers. Organic followers indicates that the followers gained are not bot/fake accounts and are interactive in the social media environment disclosed. Moreover, the followers suggested will be restricted to the interest areas set upon by the user. For this process to be completed, Soaster needs to analyze the account activities and by accepting the service, you also give Soaster the right to perform reading and writing actions on your account in order to provide you with the service. One disclosable change to the account will be the people followed.

• You shall not, and shall not permit, induce or encourage any third party (including, without limitation, any User) (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Soaster, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Site; (i) unless otherwise explicitly agreed to in writing by Soaster, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site or the Service; (k) deep-link to the Site for any purpose (other than Soaster’s home page), unless expressly authorized in writing by Soaster; (l) impersonate any other user of the Service; or (m) try to use, or use the Service in violation of these Terms.

• You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under or in connection with Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Soaster, charge anyone for access to any portion of the Site, or any information therein. You agree that you are responsible for anything that happens through your account, including the acts or omissions of your Users.

Data Privacy and Security

• In providing You the Service We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), except for external third party integrations that do not support encryption, which You may link to the Service at Your choice. We agree to promptly notify You in the event that Soaster learns or has reason to believe that any person or entity has breached Soaster’s measures, or gained unauthorized access to Your data (“Information Security Breach”). Upon any such discovery, We will: (a) investigate, and mitigate the effects of the Information Security Breach, (b) use Our best efforts to ensure that such Information Security Breach will not recur, and (c) assist You in remediation of the Information Security Breach. We shall use commercially reasonable efforts to promptly and properly deal with inquiries and requests from You in relation to the processing of Your data.

• You agree that Soaster can access Your account information in order to respond to Your service requests and/or as necessary, in Our sole discretion, to provide You with the Services. We will not disclose such data except if compelled by law, permitted by You, or pursuant to the terms of the Soaster Privacy Policy. We agree to store, use and process Your business contact information, including names, business phone numbers, and business e-mail addresses only to the extent necessary to provide You the Services. We will not disclose such business contact information to third parties except if permitted by You in writing.

• The Privacy Policy governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content which You may submit to or through the Service may reveal your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge that Your submission of any information, statements, data, and content to Us is voluntary on Your part. The Privacy Policy is incorporated into this Agreement by reference.

• For Your personal data or personal information (collectively, “Your personal data”), Soaster agrees to comply as follows: (i) when acting in the capacity of a data processor, Soaster only acts on Your instructions and does not control or share Your personal data without direction from You and (ii) when acting in the capacity of a data controller, Soaster will adhere to the laws regarding the collection, use and retention of personal information.

Cancellation and Termination

• You may cancel your account with Soaster at any time; however, unless Soaster is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from You of an actual breach, identifying specifically the nature of the breach, You are not entitled to any refunds. We may suspend or cancel Your account without notice or refund to You if you violate this Agreement. If your account is cancelled, Soaster reserves the right to remove Your account information along with any account settings from our servers with NO liability or notice to You. Once Your account information and account settings are removed, You will not be able to recover this data and You will lose access to all of Your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.

• Soaster reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or Your use of the Service), and remove and discard any of Your content within the Service if We believe that You have violated these Terms. Soaster will use reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of Your use of Service, and may be referred to law enforcement authorities. Soaster shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

Disclaimer of Warranties and Liability

• The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and Soaster expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

• Soaster does not represent or warrant that the service, content or materials from or related to the service are accurate, complete, reliable, current or error-free or that the site or the service, servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. all responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed. without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data
  or software (including any mobile client) from or through the site, the software, or any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

• No information or advice obtained from Soaster or through the service shall create any warranty not expressly stated in these terms. Soaster disclaims all liability for damages caused by any such interruption or errors in the functioning of the website, except as otherwise expressly setforth herein. Furthermore, Soaster disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the service due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, problems related to the service or its use, loss of personal content on the site, lost or undeliverable email, and for any other reason. under no circumstances will Soaster be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of the site or the service, or any interactions between users of the site or the service, whether online or offline.

• Soaster provides the platform for the service. Soaster does not control or vet user generated content for accuracy. although we provide rules for user conduct and postings, we do not control and we are not responsible for what users post, transmit or share on or through the site or any other website (even if such content is published on or through the site). Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site. Soaster is not responsible for the conduct, whether online or offline, of any user of the site or the service. further, Soaster is not responsible or liable in any manner for any 3rd party applications, software, viruses, etc. that are uploaded or posted on the site, caused by users of the site, or that are related to the use of the service by third parties, or caused by any third parties’ use of the equipment or programming associated with or utilized in the site or the service.

• Soaster cannot guarantee and does not promise any specific results from use of the site and/or the service.

• We do not monitor content published through the service and we are not responsible for content published through the service. Notwithstanding the foregoing, Soaster reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.

Limitation of Liability

• No consequential damages. under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will Soaster, its affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the you, your users or any other third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these terms or the service, regardless of whether Soaster has been advised of the possibility of or could have foreseen such damages.

• Limits on monetary damages. notwithstanding anything to the contrary in these terms, Soaster’s (including any of its affiliates) aggregate liability for damages (monetary or otherwise) under these terms shall be limited to the payments made by you for the service during  the twelve (12) months preceding the claim. the parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if Soaster were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms.

• Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these Jurisdictions, Soaster’s liability will be limited to the greatest extent permitted by law.

Indemnification

• You agree to defend, indemnify, and hold harmless Soaster from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Your or Your Users’ breach of these Terms, or Your and Your Users’ access to, use, misuse or illegal use of the Service. Soaster will provide You notice of any such claim, suit, or proceeding. Soaster reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case You agree to cooperate with any reasonable requests to assist Soaster’s defense of such matter.

Assignment

• Neither party may assign these Terms or any of its rights under these Terms, directly, by operation of law or otherwise, without the prior written consent of the other party, except that Soaster may assign these Terms, without Your consent to a parent, affiliate, or successor by way of a merger or reorganization. Subject to the foregoing restrictions on assignment, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Any assignment in violation of this Section will be void. These Terms shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties hereto.

Entire Agreement; Amended Terms

• This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, all previous understandings whether oral or written having been merged herein. No representations or warranties have been made other than those expressly set forth herein. Without limiting the foregoing, the parties have not relied on any oral statements that are not included in the Terms. Except as otherwise provided in these Terms, the Terms may not be changed, modified, renewed, extended, or discharged or any covenant or provision hereof waived except by an agreement in writing signed by both parties. These Terms supersede prior versions of these Terms. We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You of such changes and direct You to the latest version. Upon notice of modification of these Terms, except such modifications required by law, You may notify us within two weeks of Our sending You notice of the amended Terms that You are exercising Your right to terminate Your subscription to the Service. Upon
  termination of your Subscription under this Section, any prepaid fees will be prorated and returned to You. If You do not notify use within two weeks or if you continue using the Service after we have provided notice of any changes to these Terms, you will be deemed to have accepted the revised Terms.

Severability

• If any provision of these Terms, or the application thereof under certain circumstances, is held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms, or the application of such provision under other circumstances, shall remain in full force and effect.

Relationship; Independent Contractor

• Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.

Governing Law

• The alidity, interpretation and performance of these Terms shall be governed by the laws of the State of California without giving effect to the conflicts of laws provisions or principals thereof.

Federal Government End Use Provisions

• If you are a U.S. federal government end user, this Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R.  227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed to you with only those rights as provided under the terms and conditions of these Terms.

Digital Millennium Copyright Act

• The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send Soaster DMCA agent a notice requesting that the material be removed, or access to it blocked. This request should be sent to: info@soaster.com

• The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and,
  under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.

No Waiver

• Soaster’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.