Last Revision: March 23, 2021
General Provisions / Definitions
Please read these Sociair terms of service (“Terms of Service”) carefully. Sociair (“Sociair” or
“us” or “we” or “our”) offers a software application (the “Service”) that helps businesses and
agencies (individually and collectively “Customer(s)”) manage their social media profiles on
Supported Platforms. By using the Service, you agree to be bound by these Terms of Service. If you
do not accept these Terms of Service you shall not (and shall not have the right to) use the
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion. If we do so, we will post the modified Terms of Service on www.Sociair.com (the “Site”), though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Service after any such changes have been made shall constitute your consent to such changes. If a change has a material adverse impact on you, and you have contracted and prepaid for a certain term, you may notify us within 30 days after being informed of that change that you do not agree with the change. If you do so, we will delay applying the change to you until your prepaid term ends, or, at our sole discretion, allow you to cancel your account, and we will refund any prepaid amount pro rata to you. If you use the Service after your prepaid term ends, all changes will apply to you. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at: https://Sociair.com/terms-conditions . When we change these Terms of Service, we will modify the “Last Revision” date above.
Wherever used in these Terms of Service, “you”, “your”, “Customer”, or similar terms means the person or legal entity accessing or using the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
“Account” shall mean an account with Sociair to use the Service;
“Agreement” shall mean these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern your relationship with Sociair;
“Applicable Law” shall mean the Laws of the Nepal;
“Authorized User” means individuals who are directly accessing the Service via an online sign-up process, or individual users authorized and/or invited by you to use the Service and who you have supplied access to. Authorized Users may include your employees, consultants, contractors, agents, or your other designees;
“Confidential Information” shall mean all information provided by you or us (the “Disclosing Party”), to the other party (the “Receiving Party”), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party’s prior written approval;
“Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Sociair by or on your behalf in relation to the use of the Service;
“Data” shall mean content, data, information, and Confidential Information relating to your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of your parent company’s or subsidiaries” business, systems, processes, software and services, as the case may be;
“Fair Use Policy” means the limits placed on usage as described in this Agreement;
“Intellectual Property Rights” shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world;
“Mentions” means the information, including links, posts, and excerpts, that has been made publicly available and obtained by Sociair on your behalf from the Supported Platforms, and data derived therefrom, including reports, summaries, graphs, and charts;
“Seat” means the right you’ve assigned to another Authorised User to access the Service on your behalf. Depending on your Plan, you may have to purchase additional add-ons to benefit from more Seats;
“Plan” shall mean one of the different subscription packages through which you can use the Service as further described on the Site;
“Service” means services provided to you by Sociair based on the plan you have purchased;
“Site” shall mean the website Sociair.com, in addition to any sub-pages that are integrated within this website;
“Subscription Term” shall mean the period of time for which subscription to the Service shall be made available by Sociair to You, subject to your adherence to the obligations undertaken by virtue of this Agreement;
“Supported Platform(s)” means the social networking site(s) currently supported by the Service, including Twitter, Facebook, LinkedIn, Instagram, YouTube and other social networks as described on the Site;
“Taxes” means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, custom duties, and assessments together with any instalments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities);
“Third Party/ies” shall mean any persons, whether legal or natural, which are neither you nor Sociair;
“Trial Period” shall mean free access provided to you by Sociair for a limited and established period of time, to the Service, which shall be granted at the sole discretion of Sociair, which access may be revoked by Sociair at any time without need of any prior notice.
THE MATERIALS CONTAINED ON THE Sociair SITE AND SERVICES ARE PROVIDED “AS IS”. OTHER THAN FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 10 OF THIS AGREEMENT, Sociair HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS INFRINGEMENT. FURTHER, Sociair DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD PARTY SITES OR SERVICES LINKED TO WITHIN THE SITE OR SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.
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