SOCIALGATE Terms of Service
Last amended: 21 December 2021.
THESE SOCIALGATE TERMS OF SERVICE (THE “TERMS”) GOVERN YOUR ACCESS AND
USE OF THE SOCIALGATE AND PURCHASE OF ANY RELATED SERVICES (THE
“SERVICES”) (COLLECTIVELY, “SOCIALGATE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING THE SERVICES. IF YOU
DO NOT AGREE WITH ONE OR MORE PROVISIONS OF THE TERMS, PLEASE DO NOT
USE SOCIALGATE
- About the Terms
1.1. These Terms is a legally binding agreement between an individual user or a
business entity (the “User”, “you” and “you”) accessing and using the Website and/or
purchasing the Services and the owner and operator of SOCIALGATE LLC First Of
having a business address at DELAWARE 16192 COASTAL HIGHWAY, LEWES
DELAWARE 19958 COUNTY OF SUSSEX (the “Company”, “we”, and “our”).
1.2. If you use SOCIALGATE and/or accept these Terms on behalf of a company or
other legal entity, you represent that you have the authority to bind such entity to
these Terms. If you do not have such authority, please do not use SOCIALGATE
and/or ac- cept these Terms on behalf of the entity.
1.3. Third parties. These Terms apply to your use of SOCIALGATE only. Unless
otherwise provided by the applicable law, we are not responsible or liable in any
manner for the acts and omissions of third parties, the quality of services provided by
third parties, the content uploaded and published by the Users or third parties on the
Website, and security and privacy practices deployed by the operators of third- party
websites, applications, and services referred to from the Website.
1.4. Amendment and termination. We may amend or terminate these Terms at any
time and such amendment or termination will be effective at the time we post the
amended version of the Terms on the Website and indicate the date of the last
amendment. Your continuous use of SOCIALGATE after the date of the last
amendment signifies your acceptance of the revised Terms.
1.5. Breach of the Terms. If we believe, at our sole discretion, that you violate these
Terms and it is appropriate, necessary or desirable to do so, we may:
• Send you a formal warning;
• Temporary suspend the Account (as defined hereunder);
• Delete the Account;
• Temporarily or permanently prohibit your access to the Services; • Report you to law
enforcement authorities; or
• Commence a legal action against you.
- About SOCIALGATE
2.1. The Company owns and operates the Website that facilitates the provision of the
Services, namely, promotion of User’s websites via global search engines, also known
as as search engine optimisation (SEO) services.
2.2. SOCIALGATE should not be accessed and used by persons under the age of 18.
2.3. Although we regularly monitor the information available on SOCIALGATE, we do
not guarantee the truthfulness, reliability, currency, relevance, and completeness of all
information available on SOCIALGATE.
2.4. Any requests for customer or technical support should be addressed to us by
email at support@socialgate.com. We will respond to support enquiries without
undue delay and no later than 3 business days. - The Account
3.1. To use the full functionality of the Website and access the Services, you have to
register a user account on the Website (the “Account”), review and accept these
Terms, and review our privacy policy. Upon registration of the Account, you will gain
access to your online control panel.
3.2. You are solely responsible for (i) maintaining the confidentiality of your username
and password and (ii) all statements and acts that occur through your Account.
3.3.You agree not to disclose your username and password to anyone. If your
password has been stolen, breached or in any way compromised, you agree to
contact us immediately.
3.4. You are responsible for using secure Internet connection and protected networks
when accessing SOCIALGATE.
3.5. We cannot and will not be liable for any loss or damage resulting from your
failure to take precautions, as necessary to protect yourself, the Account, and your
devices on which you use SOCIALGATE from viruses, malware, worms, Trojan horses,
and other harmful or destructive content.
3.6. We may suspend, disable, or delete your Account (or any part thereof) if we have
a reason to believe, at our sole discretion, that you have violated any provision of
these Terms or that your conduct tends to damage our reputation and goodwill. If we
delete your Account for the foregoing reasons, you may not re-register. We may also
suspend or terminate the Account upon a lawful request of a public authority. - Acceptable use policy
4.1. By using SOCIALGATE, you acknowledge and agree that:
• You will comply with these Terms and all applicable laws;
• You will provide only true, accurate, complete, and up-to-date information;
• You will register no more than one Account;
• You have the necessary authorisation and permission to create the Account;
• You will not use SOCIALGATE for any purpose that is illegal, infringing, obscene,
abusive, or offensive;
• You will not spread malware (e.g., viruses, worms, Trojan horses), spam, and other
illegal messaging;
• You will not spread ethnically, racially, or otherwise objectionable information;
• You will not copy, distribute, rent, resell, modify, compromise, damage, disable,
impair, reverse engineer and overburden SOCIALGATE;
• You will not use bots, scripts, and other automated methods;
• You will not collect and disclose any information about the Users of SOCIALGATE;
and
• You will not divulge, record, or abuse any information pertaining to websites found
in our inventory, including but not limited to URLs, descriptions, and images.
4.2. You are responsible for any claims resulting from your access to and use of Link-
Lifting and you agree to indemnify and hold the Company harmless from and against
any and all claims arising from your use of SOCIALGATE.
4.3. If you think that some of the content related to SOCIALGATE is inappropriate,
infringes these Terms, applicable laws, or your right to privacy, please contact us
immediately by email at support@socialgate.com. If any content or User is reported
as inappropriate, we will immediately delete such content from SOCIALGATE and
investigate the conduct of the reported User.
- The Services
5.1. By accessing and using the Services, you acknowledge and agree to the terms of
the Services outlined in this section 5.
5.2. The Services shall be delivered to the User remotely through the Internet, subject
to the deadlines agreed to by the User and the Company.
5.3. The User shall take full responsibility and the Company shall have no liability if
the provision of the Services is interrupted or suspended due to User’s failure to
provide the requested information, comply with Company’s requests and any
provision of these Terms.
5.4. To ensure the optimal provision of the Services, the User agrees to follow the
information, advice, requirements, and recommendations provided by the Company.
5.5. To facilitate the rendering of the Services, the User should submit to the
Company materials related to the Services, including, but not limited to, the URLs of
User’s websites, keywords and optional promotional materials (together the
“Content”). The User agrees not to submit any Content that the User is not authorised
to use, or the Content that infringes any applicable laws, international treaties, or
regulations.
5.6. The Company reserves the right to decline or cancel any Content that is not
owned or controlled by the User. The Company reserves the right, in its sole
discretion, to refuse to upload, modify, delete, postpone, return, or remove any
Content that violates these Terms, Company’s standards, or any applicable laws.
5.7. By submitting the Content to the Company, the User grants the Company
unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use,
distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt,
prepare derivative works from, and reproduce the Content for the purposes of
providing the Services.
5.8. The Company does not have full control over the distributed Content. Should the
User request the Company to amend, remove, erase, or cancel any of the Content to
be distributed by the Company, the User understands and agrees that some of the
Content is distributed on third-party platforms and websites (collectively, the “Third-
Party platforms”) and therefore cannot be amended, removed, erased, or canceled
due to the circumstances outside the Company’s reasonable control. The Company
shall bear no responsibility for the Content that cannot be amended, removed,
erased, or canceled on the Third-Party Platforms.
5.9. To facilitate the provision of the Services, the User may provide us with keywords
predetermined and selected by the User (“Your Keywords”). We shall not be
responsible or liable in any manner for the determination of Your Keywords, including
research, selection, rankings, or underperformance of Your Keywords.
5.10. By providing Your Keywords, you agree to be solely responsible for Your
Keywords, including, without limitation, ensuring that (i) Your Keywords are accurate
and meet reasonable industry standards, (ii) Your Keywords do not infringe intel-
lectual property rights of third parties, and (iii) Your Keywords do not infringe any
applicable laws.
5.11. We exclude all responsibility and liability for Your Keywords.
5.12. When providing the Services, we use leased and permanent backlinks. The
backlinks are placed on third-party platforms and therefore the Company shall bear
no responsibility for the backlinks that are prematurely removed by the Third- Party
Platforms.
5.13. Although the Company puts reasonable efforts to select the Third-Party Plat-
forms that are relevant to the respective User, the Company does not guarantee the
relevance, reliability, and fit for purpose of the selected Third-Party Platforms.
5.14. The accuracy of any information provided by the Company in relation to the
Ser- vices, including, without limitation, reports on Google search results and
keyword position reports, (collectively, the “Reports”) can be affected by various
factors, such as the time, location, and device used. Although the Company devotes
rea- sonable efforts to ensure the accuracy of the Reports, the User acknowledges
and agrees that the Reports may differ from the information available directly to the
User.
- Backlink sources
6.1. For the purpose of providing the Services, our proprietary software leases and
buys backlinks from a number of Third-Party Platforms (for example: Sape.ru,
Fiverr.com) automatically, both directly and by contracting with third-party backlink
providers.
6.2. Although our algorithms are created to avoid any potentially harmful and/or
illegal websites and the Company’s staff puts its reasonable efforts to filter out such
websites regularly, it is potentially possible that some of the Third-Party Platforms are
inappropriate for leasing or buying backlinks. The Company is not responsible for any
possible technical, ranking or legal issues caused by leasing/buying of such backlinks.
6.3. If you ever find any inappropriate Third-Party Platforms or other source websites,
please contact our support team to filter out such Third-Party Platforms and websites
in your Account or cease their use in for the provision of the Services. - Fees and payments
7.1. The Fees. The Services are subject to the applicable service fees (the “Fees”)
payable by the User. The schedule of the Fees is available on the Website or
communicated to the User personally. The The Fees are charged automatically for the
actual use of the Services and deducted from User’s balance prepaid in ad- vance,
unless cancelled earlier by the User. By concluding a service contract with us, the User
agrees to pay the Fees in accordance with these Terms, the terms and conditions of
the respective Fees, and other terms and conditions in force at the moment the
service contract is concluded. The Fees are indicated in US Dol- lars (USD) and remain
valid for as long as (i) they are indicated on the Website, (ii) as communicated by us,
or (iii) User’s service contract lasts. The Fees are subject to a change without a prior
notice. Any changes to the Fees will be made available to the User and, if necessary,
we will request the User to provide consent to the amendments of the Fees.
7.2. Payments. All payments related to SOCIALGATE are processed by our third-party
payment processors PayPal and STRIPE (the “Payment Processors”). The Payment
Processors may collect some personal data from the User, such as User’s name, credit
card number, and billing address, which will allow it to make payments requested by
the User. The Payment Processors handle all steps in the payment process through its
systems, including data collection and data processing. The User is responsible for
ensuring that all payment information is correct and the funds necessary for paying
the Fees are available. The User agrees not to hold us liable for payments that do not
reach us because the User has quoted incorrect payment information or the Payment
Processors refused the payment for any other reason.
7.3. Concluding a service contract. The User that would like to conclude a service
contract with us needs to: (i) visit the Website; (ii) register the Account by submit-
ting the requested personal data; (iii) choose the Services; (iv) provide the required
payment information; and (v) make the upfront payment. The User will be able to
identify and correct any input errors prior to clicking on the “Pay” button. After the
User clicks on the button “Pay” and the payment is completed, we will send a
confirmatory email informing the User about the order. By clicking on the button
“Pay” and receiving a confirmatory email, the User concludes a service contract in
English with us on the basis of these Terms. The details of the specific service contract
will not be filed by us and, therefore, the specific contract will not be available to the
User. However, if the User does require any information regarding the order, the User
can consult the Account or contact us directly.
7.4. Cancellation. The User is entitled to cancel then Services and the Fees related
thereto at any time though the Account or by contacting us directly. No Fees paid for
the Services provided to the User shall be refunded. After the cancellation of the
Services becomes effective, no further Fees shall be charged to the User and the
provision of the Services shall cease.
7.5. Refunds. The Fees are charged for the Services actually used by the User.
Therefore, we do not provide refunds for the Fees paid and the Services provided to
the User. In case User’s account received any bonus credits, such credits are not
subject to refund, so the bonus credits are deducted before calculating the final
refund. Any upfront payments that have not been charged by the Company shall be
refunded to the User upon termination of the Account. If the User is not satisfied with
SOCIALGATE and there is a reason to believe that the quality of the Services is
impaired due to our fault, we may, after carefully assessing the issue and in our sole
discretion, issue partial or full refunds to the User. The situations in which we may
consider issuing refunds include: (i) if the Services are impaired due to technical
issues that cannot be solved in a reasonably timely manner; (ii) we materially breach
these Terms; or (iii) we fail to provide the Services as agreed to with the User. In order
to terminate the service contract and receive a refund, the User must contact us and
explain User’s concern in detail. If the User qualifies for a refund, we will issue the
refund by using the same payment method that the User used to make the payment.
- Privacy
8.1. All personal data collected from you shall be processed in accordance with our
privacy policy available at https://thesocialgate.com/privacy, which explains in detail
our practices and procedures pertaining to the processing of your personal data.
8.2. Marketing communication. We may send you occasional newsletters. You may
opt out of the newsletters at any time by using the “unsubscribe” link at the bottom
of the email. We will send you marketing-related communication only if (i) you
provide us with your opt-in consent to receive such communication or (ii) we cide to
send you marketing messages about our new services that are closely related to the
Services already used by you.
8.3. Informational notices. After you register the Account, you may receive from us
important technical notices about your Account and SOCIALGATE (the
“Notifications”), including low balance notifications, technical or administrative
emails, information about your Account, privacy and security, and other important
matters, because they are essential for the success of the Services. You cannot opt
out from the Notifications.
- Disclaimer of warranties
9.1. SOCIALGATE is provided by the Company on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, the Company makes no
representations or warranties of any kind, express or implied, regarding the use or the
results of SOCIALGATE in terms of its correctness, accuracy, reliability, or otherwise.
9.2. The Company shall have no liability for any interruptions in the use of
SOCIALGATE. 9.3. The Company disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability and fitness
for a particular
purpose, and non-infringement.
9.4. Some jurisdictions do not allow the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable. - Limitation of liability
10.1.THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO
THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH
DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY,
AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10.2.SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE. - Indemnification
11.1.The User agrees to indemnify and hold the Company, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising out of
User’s use of SOCIALGATE, the violation of these Terms, an infringement by the User
or a third party conducted by using User’s computer, of any intellectual property or
any other right of any person or entity. - Modifications and interruption
12.1.The Company reserves the right to modify or discontinue SOCIALGATE with or
without notice to the User. The Company shall not be liable to User or any third party
should the Company exercise its right to modify or discontinue SOCIALGATE. The
User acknowledges and accepts that the Company does not guarantee continuous,
uninterrupted or secure access to SOCIALGATE and the operation of - Intellectual property
13.1.Most of the content made available through SOCIALGATE is owned by us, our
partners, agents, licensors, vendors, and/or other content providers (“Our Content”).
Our Content includes, but is not limited to, text, images, audiovisual content, source
code, trademarks, service marks and trade names. Our Content is protected by the
applicable intellectual property laws and international treaties.
13.2.The User is not allowed, without obtaining prior written authorisation from us, to:
• Distribute Our Content;
• Copy Our Content;
• Disassemble, make alterations, decompile, reverse engineer, translate, and adapt
Our Content; and
• Rent, loan, use, lease or attempt to grant other rights to Our Content to third
parties.
13.3.SOCIALGATE brand. The User many not use the SOCIALGATE brand, the
trademarks associated with SOCIALGATE or third-party trademarks with a prior
consent of a trademark owner. The User may not use such brands and trademarks in
any way that suggests that we sponsor, endorse, or associate with the User without
obtaining prior written consent from us.
13.4.Third-party intellectual property. Some of the trademarks, and other intellectual
property featured on the Website may be owned by third parties. Such third-party
intellectual property does not belong to us and it remains the sole property of the
respective third-party proprietors. You agree not to violate such third-party property.
We will not access or use such intellectual property for the purposes other than
ensuring the provision of our services through the Website.
13.5.These Terms do not transfer to you any intellectual property owned by us or
third parties, and all rights, titles, and interests in and to such property will remain
solely with us or respective third-party proprietors.
13.6.Copyright infringement claims. If you have any grounds to believe that any
content made available through SOCIALGATE violates your or third party’s intellectual
property rights, please contact us and express your concerns or request to remove
the allegedly infringing content. We will reply to the copyright infringement claim as
soon as possible but no later than 2 weeks. Before sending your claim to us, please
make sure that you sign it and include information that would allow us to locate the
allegedly infringing content. - Severability
14.1.In the event that any provision of these Terms is determined to be unlawful, void
or unenforceable, such a provision shall nonetheless be enforceable to the fullest
extent permitted by the applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms. The validity and enforceability of the
remaining provisions shall not be affected as a result. - Governing law and dispute resolution
15.1.The formation, interpretation, and performance of these Terms and any disputes
arising out of the Terms shall be governed by the substantive and procedural laws of
Finland, without regard to its rules on conflicts or choice of law.
15.2.The exclusive jurisdiction and venue for actions related to the subject matter
hereof shall be the courts located in Finland.
15.3.Nothing herein prevents the User or us from seeking any interim injunction it
deems necessary in order to preserve the status quo prior to the resolution of any
dispute, in any jurisdiction.
15.4.Alternative dispute resolution. Please note that disputes between consumers and
traders regarding goods or services bought online may be resolved out of court at a
low cost in a simple and fast way on the web-based Online Dispute Resolution
platform developed by the European Commission. The Online Dispute Resolution
platform is available in 23 official languages of the European Union at
https://webgate.ec.europa.eu/odr . - Contact
16.1.If you have any questions, suggestions, or concerns about these Terms or your
use of socialgate, please feel free to contact us.
Email: support@socialgate.com
Postal address for communication: DELAWARE 16192 COASTAL HIGHWAY, LEWES
DELAWARE 19958 COUNTY OF SUSSEX Contact
form: https://thesocialgate.com/contacts/