Terms & Conditions
Welcome to SocialProfy. SocialProfy is a cloud-based social proof and engagement platform designed to help website owners display real-time notifications, customer interactions, and urgency-based messaging to website visitors (the “Platform”). These Terms of Service (“Terms”) constitute a legally binding agreement between you and SocialProfy (“Company,” “we,” “our,” or “us”) and govern your access to and use of the Platform and related services (collectively, the “Service”).
By accessing or using the Service, you agree to comply with and be legally bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Service.
We may update or modify these Terms from time to time without prior notice. Updated Terms become effective immediately upon publication on our website. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. Where applicable, we may notify you of material changes via email.
You may not use the Service if:
- You are under the age required by applicable law to enter into a binding agreement;
- You are prohibited from using the Service under applicable laws; or
- You do not have the authority to accept these Terms.
If you are using the Service on behalf of a company, organization, or other legal entity (“Administrator”), you represent and warrant that you are authorized to bind that entity to these Terms. In such cases, references to “you” include both you and the Administrator.
The Service
SocialProfy may modify, suspend, discontinue, or restrict access to any part of the Service at any time, with or without notice. We may also introduce new features or remove existing features at our sole discretion.
You agree to use the Service solely for lawful business or personal purposes and not to resell, redistribute, sublicense, or otherwise commercially exploit the Service without our written permission.
You may access the Service only through interfaces and methods provided by SocialProfy. Unauthorized access methods, including automated scraping or bypassing security measures, are prohibited.
We are not responsible for:
- Any configurations, campaigns, or notifications you create using the Service;
- Any effects the Service may have on your website, systems, applications, or users;
- Interruptions, delays, or failures caused by internet providers, hosting services, or third-party platforms.
Use of the Service may occasionally be interrupted due to maintenance, upgrades, or external factors beyond our control.
Registration and Accounts
To access certain features, you must create an account (“Account”) using a valid email address and password.
You are responsible for:
- Maintaining the confidentiality of your login credentials;
- Ensuring your registration information remains accurate and up to date; and
- All activities occurring under your Account, whether authorized by you or not.
You may not share your Account with others or permit unauthorized access.
Subscription and Payments
The Service is provided on a subscription basis. Paid subscriptions automatically renew unless canceled before the renewal date.
Subscription fees (“Fees”) are based on the pricing plan selected through your Account, including usage-based metrics such as monthly visitors, impressions, or other applicable limits.
By subscribing, you authorize SocialProfy and its payment providers to charge your payment method on a recurring basis for all applicable Fees.
All payments are:
- Due in advance;
- Non-refundable unless otherwise required by law; and
- Subject to any applicable taxes.
We may change pricing at any time with reasonable prior notice. Continued use of the Service after a pricing change takes effect constitutes acceptance of the updated pricing.
Failure to pay Fees may result in suspension or termination of your Account and access to the Service.
Intellectual Property
All rights, title, and interest in the Service, Platform, software, branding, logos, content, designs, and technology belong exclusively to SocialProfy and its licensors.
Subject to these Terms, SocialProfy grants you a limited, non-exclusive, non-transferable, revocable license to use the Service during your active subscription period.
You may not:
- Copy, reproduce, distribute, modify, or create derivative works from the Service;
- Reverse engineer, decompile, or attempt to access source code;
- Use SocialProfy branding without permission; or
- Build a competing product using the Service.
Any feedback, suggestions, or ideas submitted to SocialProfy may be used by us without restriction or compensation.
Third-Party Services
The Service may integrate with or link to third-party websites, platforms, software, or services. SocialProfy does not control and is not responsible for any third-party services, products, content, or privacy practices.
Your use of third-party services is governed solely by their own terms and policies.
Data and Privacy
SocialProfy may process data related to your website visitors, customers, and users (“Customer Data”) in order to provide and improve the Service.
You represent and warrant that:
- You have all necessary rights and permissions to collect and share Customer Data with SocialProfy; and
- Your use of the Service complies with applicable privacy and data protection laws.
You retain ownership of your Customer Data. SocialProfy may use anonymized and aggregated data for analytics, service improvement, marketing insights, and operational purposes.
Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms.
Client Content
You may upload or provide content such as images, text, branding assets, and notifications (“Client Content”).
You are solely responsible for all Client Content and represent that it does not violate any laws or third-party rights.
By using the Service, you grant SocialProfy a limited license to host, display, and process Client Content solely for operating and improving the Service.
You also grant SocialProfy permission to use your company name and logo in customer lists, testimonials, case studies, and marketing materials unless you request otherwise in writing.
Prohibited Uses
You agree not to:
- Use the Service unlawfully or fraudulently;
- Interfere with or disrupt the Service or servers;
- Attempt unauthorized access to systems or accounts;
- Upload malicious code, malware, or harmful content;
- Violate intellectual property rights;
- Misrepresent your identity or impersonate others;
- Use automated systems to scrape or abuse the Platform; or
- Use the Service in ways that may damage SocialProfy or other users.
We reserve the right to investigate and take appropriate action against violations, including account suspension or termination.
Termination
SocialProfy may suspend or terminate your Account or access to the Service at any time if:
- You violate these Terms;
- You fail to pay subscription Fees; or
- Your use creates legal, operational, or security risks.
You may stop using the Service at any time. Termination does not relieve you of any payment obligations accrued before termination.
Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law survive termination.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALPROFY DISCLAIMS ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY;
- RELIABILITY; AND
- UNINTERRUPTED OR ERROR-FREE OPERATION.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALPROFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR BUSINESS OPPORTUNITIES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SOCIALPROFY DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow certain limitations, so some exclusions may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless SocialProfy, its affiliates, officers, employees, and partners from any claims, damages, liabilities, losses, costs, or expenses arising from:
- Your use of the Service;
- Your violation of these Terms;
- Your Client Content or Customer Data; or
- Your infringement of any third-party rights.
Governing Law
These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction where SocialProfy operates, without regard to conflict of law principles.
Any disputes arising under these Terms shall be resolved exclusively in the competent courts of that jurisdiction unless otherwise required by applicable law.
Force Majeure
SocialProfy shall not be liable for delays or failures resulting from causes beyond our reasonable control, including internet outages, natural disasters, governmental actions, cyberattacks, labor disputes, or failures of third-party providers.
Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions shall remain fully valid and enforceable.
These Terms constitute the complete agreement between you and SocialProfy regarding the Service and supersede all prior agreements or understandings.
You may not assign your rights or obligations under these Terms without our prior written consent. SocialProfy may assign these Terms without restriction.
For questions or notices regarding these Terms, please contact:
