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Terms & Conditions

Last Updated: Jan 01, 2023
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Terms & Conditions ("Terms")

Please read these Terms and Conditions carefully before using Our Services.

Thank you!

Interpretation And Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or the plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate” means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of a percentage of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • Account” refers to a unique Instagram/TikTok account created by You to access our Service or parts of our Service.
  • Customer” (referred to as either "the Customer", "You" or "Your" in this Agreement) refers to the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  • Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to UpGram.
  • Content” refers to content such as text, images, videos, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
  • Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Service” refers to the service provided by the Company as advertised on the Website.
  • Terms and Conditions” (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use and access of our Social media services (hereby referred to as “Service”).
  • Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website” refers to UpGram, accessible from www.upgram.com

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acknowledgment of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By visiting Our Website and/or purchasing a subscription, You engage in Our Service and agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You should not access the Service.

Any new features or tools which are added to the current Service shall also be subject to the Terms and Conditions. You can review the most current version of the Terms at any time on this Website. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to Our Website. It is the Customer’s responsibility to check this page periodically for changes. Continued use of the Service or access to the Website following the posting of any changes constitutes acceptance of those changes.

The Company is not associated with or makes a claim to be affiliated with, authorized, maintained, sponsored, or endorsed by Meta Platforms, TikTok, or any of its affiliates or subsidiaries.

It is the sole responsibility of the Customer to comply with Instagram/TikTok rules and guidelines, and any legislation to which they are subject. The Customer uses the Service at their own risk. The Company is not responsible for any restrictions on the Customer’s Account that Instagram/TikTok may enforce as a result of using the Service to build and grow the Account. We do not guarantee the number of followers You will receive and if they will be real individuals. We also do not guarantee the connection to be stable or permanently connected to Instagram or its API at any given time.

Your access to and use of the Service is also conditioned on Your acknowledgment of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

To provide the Service We require the Customer's username and password for the social media Account they are subscribing to the Service. The Customer's password is securely encrypted according to the latest industry standards. We do not store, share, or otherwise distribute the password to any third parties. We will not post or comment on any accounts on the Customer Account’s behalf.

By connecting Your social media Account and sharing Your username and password, You consent to a login from one of Our hubs, which may be in a different geographical region. The Company is not responsible for loss, gain, or other change of any region-specific features of Your social media Account as a result of using the Service.

The Company does not make any claims as to the ownership of these Accounts to which We have been given access.

Customer Responsibilities

You represent that You are over the age of 18. Services We provide are strictly unavailable to children under the age of 18.

When You create a subscription with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the Service and will not result in any payment reimbursement.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. The Customer is responsible for maintaining the current password to be provided with the Service.

You may not use the Account or payment information of another person or entity other than You without appropriate authorization.

You may not use Our Service for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of Your Services without being eligible for a refund.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without written permission by Us.

Content

Our Service allows and encourages You to post Content. You are responsible for the Content that You post while using the Service, including its legality, reliability, and appropriateness.

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third party using Your Account.

You may not transmit any unlawful Content, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties using the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content or the Service itself.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of UpGram and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Service Delivery

The Service focuses on bringing the attention of real users to Your Instagram Account with goals that may include increasing followers and followers’ engagement. The expected quantity and/or quality of followers and followers’ engagement is not guaranteed to You in any way. Regardless of any perceived representation to the contrary, the Company in no way guarantees specific results to the Customer. You understand that You are paying Us for our effort to generate results, but that results are never guaranteed as there are many factors involved, some of which are out of Our control. Moreover, We cannot protect You from spam, fake, or inactive followers, as it is not always possible to avoid them. It is understood that the Company has no control over Instagram if they decide to change its platform.

We cannot guarantee the continuous, uninterrupted, or error-free operability of the services.

It is the sole responsibility of the Customer to provide updated passwords to the Company during their use of the Service. Any downtime of service concerning a Customer not providing their current password will not result in any payment reimbursement for that period.

The company reserves the right to refuse to provide the Service to anyone for any reason and the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Prices of the Service are subject to change without notice. The Company will always try to contact its Customers prior to any pricing changes. Existing billing agreements will not be affected.

The Company shall not be liable to the Customer or any third party for any modification, price change, suspension, or discontinuance of the Service.

"AS IS" And "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service by canceling Your subscription (not just turning off the interactions on Your used dashboard).

The Customer Is Bound To Contract (Subscription) Periods

These Terms remain in effect until the end of the Customer's billing cycle. The Customer is entitled to cancel their subscription with the Company without given reason by contacting the Company, as outlined in the "Contact Us" section of this document, at least 24 hours before the end of the Customer's current billing cycle or free trial.

Otherwise, the Customer is obliged to fulfill the last month of the billing prior to cancellation. Please note that pausing an Account by turning off the interactions manually on Your user dashboard does not cancel the subscription and related charges.

The Customer Agrees To The Limitation Of Liability

The Company may not be held liable for any potential damages incurred. In no event will the Company have any liability to the other for lost profit, revenue, or any circumstantial, incidental, consequential, punitive, or other forms of damages however they may have been caused, whether in contract or under any other theoretical circumstance of liability and regardless of whether the Client has been advised of the possibility of the aforementioned damages. The Client will have no financial liability to the Company for a breach of these Terms.

The Customer Agrees To The Refund Policy As Described

Refund requests are reviewed on a case-by-case basis. The refund policy as described in the Terms does not serve as a guarantee of any payment reimbursement.

You agree to contact the Company for a refund if necessary. The Company reserves the right to issue a full, partial, or prorated refund based on its discretion. You also agree not to file any fraudulent claim to chargeback or dispute charges against the Company. In the event that the Service can no longer be provided, the Company reserves the right to deny any payment reimbursement and discontinue the Service at any time. Please be advised growth is relative, and while We will strive to provide the best results, these may vary depending on Account quality, content, niche, etc. The quantity and quality of followers, engagement, or any other form of growth are not guaranteed.

If Your refund is approved and within the Terms, it will be processed, and a credit will automatically be applied to Your original method of payment within 3-10 business days.

When subscribing to our Service, the Customer agrees to pay and take responsibility for all charges made following the chosen plan and these Terms.

Quarterly And (Semi)Yearly Plan Subscriptions

Yearly, quarterly and other plans that are charged for several months up-front are offered at a significant discount, and as such, are non-refundable. For untimely cancellations and in extreme circumstances, Your remaining subscription time can be converted into non-refundable credits at the Company's sole discretion.

These credits can be transferred to any other subscription on the Customer's Account. Should a refund for a yearly, quarterly, or other plan subscription be provided at the discretion of the Company, the Company may offer only a partial refund following the remaining time on the Subscription minus the discount offered on the price.

Loss Of Access To Service

Refunds for any subscription type due to loss of access to a Service related to Instagram/TikTok will be honored at the sole discretion of the Company. This may include loss of access to an Account and loss of access to features within a social media app.

Paused Interactions Or Account Is Disconnected

Pausing an Account by turning off the interactions manually on Your user dashboard does not cancel the subscription and related charges. The pause functionality serves to temporarily stop activity on Your Account. It does not pause the subscription itself, meaning it does not affect the time until the subscription is renewed or the billing date. We do not credit additional days for the paused period.

It is the sole responsibility of the Customer to ensure that their social media Account stays connected to the Service. The Company will not offer any reimbursement or compensation for downtime that resulted from a failure to stay connected to the Service. Any downtime of Service in relation to a client not providing their current password will not result in any payment reimbursement for that period.

Service Level

While the Company strives and uses its resources to offer the highest level of Service to the Customer, it is not possible to guarantee any specific level of performance. The Service level is limited by various factors including, but not limited to, the Customer's user dashboard configuration, targeting settings, and connection status, as well as general factors such as their social media Account history, Trust Score, and overall posting and browsing habits. As such, performance varies greatly depending on these factors, and refunds cannot be issued based on Service Level concerns.

Recurring Subscription Billing Agreement

Should a refund request be submitted by the Customer due to the Customer not being aware of a recurring subscription, the Company can fulfill said requests at its sole discretion. It is the responsibility of the Customer to understand the nature of their Billing Agreement, which is expressly mentioned in the Pricing section of the Website, as well as during the checkout process of the Company's designated payment provider.

Unexpected Service

Should the Customer request a refund on the basis that the service is not as expected, the Company can fulfill such refund requests at its sole discretion and only within 30 days of the initial purchase. The Company is under no obligation to fulfill refund requests in the event the Customer claims service is not as expected.

The Customer is expected to read and acknowledge the nature of the Service and all of its features, as well as to get familiar with the Terms and Privacy Policy before purchasing the service. We do not offer refunds based on Customers not being informed of the service functionality and results, as described in these Terms. If You have any additional questions about a specific feature, functionality, or company policy please contact the Company prior to the purchase.

Untimely Cancellation

When canceling a subscription, the Company will continue to provide the Service until the end of the current billing cycle. The Company is not obligated to offer any form of compensation or reimbursement should the Customer choose to cancel their subscription and continue using the Service until the end of their current billing cycle.


Should the Customer cancel the subscription with the Company in an untimely fashion, the Company can fulfill said refund request at its sole discretion. In most instances, the Customer is offered Services for the rest of the paid month. Should an untimely cancellation occur within a reasonable timeframe as determined by the Company, the Customer may be eligible for a refund. If You have contacted us at least 24h before Your next billing date and still got charged, please contact Us back so We can process the refund.

Inactivity

The Service works within the limits set by Instagram for every specific Account, which are affected by a variety of factors, including the Account history, Trust Score, and overall posting and browsing habits. As such, it is impossible to guarantee a minimum interaction uptime for every specific Account. While the Company cannot issue a refund for something outside of Our control, We want to make sure every Customer has an excellent user experience. In case of downtime, Your subscription will be extended or promotional credits will be issued.

Should the Customer request a refund due to account inactivity as caused by technical issues, the Company may issue a refund at its sole discretion. Refunds in such instances are typically fulfilled when the issue cannot be solved within a reasonable timeframe as determined by the Company. As such, refund requests are reviewed on a case-by-case basis.

Double Charge

Should the Customer enter an additional billing agreement with the Company that renders the first billing agreement obsolete, the Customer may be double-charged by mistake. In such instances, the Company shall always endeavour to refund the Customer in a reasonable timeframe as determined by the Company.

Disputes Resolution

If you have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Changes To The Terms And Conditions And Website Information

We reserve the right, at Our sole discretion, to modify or replace these Terms and the content of the Website, including prices, at any time.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Your Feedback to Us

You assign all rights, titles, and interests in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Contact Us

If You have any questions about these Terms and Conditions, or any of the Service features, You can contact us:


  • by visiting this page on our website: www.upgram.com/contact
  • by sending us an email: contact@upgram.com
  • by sending us a chat: www.upgram.com
  • by scheduling a call: www.upgram.com/demo
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