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Terms and Conditions for OwskiMedia
Last Updated: 8th May 2024 1. General Terms This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions on which you (the “Client”) has engaged OwskiMedia Ltd to perform certain Services (the “Services”). This is a legally binding agreement between you and OwskiMedia Ltd. OwskiMedia Ltd reserves the right to change this Agreement at any time, at its sole discretion. If OwskiMedia Ltd makes any changes, it will notify Users at the email address provided by each User, and it will post any such changes here. Your continued use of OwskiMedia Ltd services after posting of an amended agreement constitutes your acceptance of any such modified terms. 2. Site Terms of Use Updates OwskiMedia Ltd may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. 3. Subscription As long as User has a Paid Subscription to OwskiMedia Ltd, subject to the terms and conditions of this Agreement, User shall have access to use OwskiMedia Ltd services for the valid dates of User’s Paid Subscription. From time to time, OwskiMedia Ltd may change, modify, or upgrade the functionality or appearance of OwskiMedia Ltd, which may include the removal of functionality, content, or integrations. OwskiMedia Ltd services may be down at certain points for maintenance and upgrades. OwskiMedia Ltd does not and cannot guarantee that User will have continual access or that any particular content will be distributed to the Social Media Platforms. 4. Renewals, Refunds and Cancellations The Service is billed automatically and in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account unless requested within 24 hours of your purchase date. Any subsequent cancellations are not subject to refund. All users must cancel their subscription through the link provided in their original service confirmation email. If you are having trouble canceling your subscription please contact us at accounts@owskimedia.com We can’t guarantee the continuous, uninterrupted or error-free operability of our services. 5. Payments Monthly subscriptions may be paid via credit card, as specified in your OwskiMedia Ltd account. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 10% or the maximum provided by law, whichever is less. OwskiMedia Ltd shall have the right to recover expenses including collection costs and reasonable lawyer’s fees incurred in collecting overdue amounts. You agree that upon purchasing our service, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via the payment processor. We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability. 6. Services OwskiMedia Ltd is not affiliated with Instagram, Facebook or any Instagram third-party partners. Due to the various factors involving the organic account growth process, the projected number of followers is not guaranteed to you in any way. It is the sole responsibility of the client to provide updated passwords to OwskiMedia Ltd during their use of the OwskiMedia Ltd services. Any downtime of service in relation to a client not providing their current password will not result in any payment reimbursement for that period of time. 7. Company's Intellectual Property The services provided are property of OwskiMedia Ltd, and contain information and data which is protected by copyright, trademark, trade secret, and other such intellectual property laws. User agrees to abide by all copyright notices and trademark restrictions. 8. User Restrictions User may not and may not allow others to: (a) sell, rent, lease, license, sublicense, or assign use of OwskiMedia Ltd to others; (b) reverse engineer, decompile, disassemble, or otherwise derive the source code from OwskiMedia Ltd; (c) alter, modify, adapt, reconfigure, or prepare derivative works of OwskiMedia Ltd; (d) copy, extract, summarize, distribute, or otherwise use OwskiMedia Ltd in any manner which competes with or substitutes for OwskiMedia’s Ltd distribution of the platform to its customers; (e) use OwskiMedia Ltd to violate the CAN-SPAM Act or the laws of any applicable jurisdiction; (f) use OwskiMedia Ltd to abuse, defame, harass, threaten, or post illegal content; (g) use OwskiMedia Ltd to transmit a virus, Trojan horse, worm, hack, or any harmful content; (h) use OwskiMedia Ltd to gain unauthorized access to OwskiMedia Ltd or any Social Media Platform; or (i) use OwskiMedia Ltd to post content that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property. User will promptly notify OwskiMedia Ltd if User’s account has been subject to a security breach or if User has had a security breach to any of User’s integrated Social Media Platform accounts. 9. Social Media Account Safety Use of our Instagram Growth Services is at your sole risk. We are not affiliated with Instagram or any third-party social media sites in any way. It is your sole responsibility to comply with Instagram’s terms of service. We do not offer inauthentic likes or follows. We engage with users on your behalf, and then these users decide whether to follow you or not. If you have purchased likes or followers in the past or if you have used some other kind of app on your account then you may experience a loss of followers, a temporary ban of actions (like, comment, follow, unfollow) and possibly a banned account. We highly suggest to not use any other growth agencies, third-party apps or automation services while using our service because it can result in an account ban. If something happens to your account we are not responsible. 10. Disclaimer and Limitation of Liability OwskiMedia Ltd shall not be liable to the client or any entity or person claiming through or under the client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this agreement, even if OwskiMedia Ltd has been advised of the possibility of such damages. Under no circumstances shall OwskiMedia Ltd’s liability to the client hereunder exceed the amount paid to OwskiMedia Ltd by the client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The client acknowledges that these limitations of liability are an essential element of the agreement between the parties and in their absence the terms and conditions of this agreement would be substantially different. 11. Waiver The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any right hereunder. 12. Updates to the Terms We may update these Terms from time to time. Users will be notified of any changes via email. For any questions or concerns regarding these Terms of Service, please contact us at adrian@owskimedia.com Thank you for using OwskiMedia!