Terms of Service Agreement
General
This is the most recent Terms of Service agreement as of April 8th, 2022
By using any of Social Sensei services you are accepting all of Social Sensei LLC’s terms and conditions and understand our privacy policy. If you do not accept Social Sensei LLC’s terms and conditions do not use Social Sensei services.
Any changes to the terms & conditions in the future modify and replace all former agreements.
A person that has purchased any of Social Sensei’s services hereinafter referred to as the “Client”.
Service
Social Sensei will only be used for promotional purposes for your account/s and no other account/s.
Social Sensei is not liable for any engagement (likes, comments, messages, follows, etc) that happens due to followers gained through Social Sensei services. We cannot guarantee engagement will be appropriate as we can not control what others user place on Instagram and it will be the users responsibility to monitor the content their account is engaging with.
Social Sensei can not guarantee that followers gained will engage with your account. This is dependent upon each clients quality of content, quantity of content, and activity of their account.
Social Sensei can not guarantee the demographics of followers that will be gained. This is dependent upon each influencers specific audience.
Due to Covid-19 there is a potential for delays in delivery of your promotional giveaway due to logistics with influencers. However, this is nothing to worry about as we will place you in the next available campaign which will usually be within 7 days from your initial scheduled campaign.
By signing up for Social Sensei you give permission for Social Sensei to send you periodical promotional newsletters about new services, products, offerings, and Social Sensei news.
For services that are billed hourly, your base rate is your subscription price divided by the number of hours you have signed up for in your plan. Your base rate is what is used to calculate the rate of various Social Sensei team members. Not all Social Sensei team members charge the same rate due to the various skillsets and specializations that are involved with completing your tasks. On your timesheet you will see a multiplier to indicate how much you are being charged additionally for working with a more specialized Social Sensei team member.
Influencer Marketing
Client agrees to use Social Sensei as their agent and representative in all interactions with influencers. Client will not hire or contract any influencer that Social Sensei has contacted on the clients behalf for the duration of the campaign and for up to 1 year after the campaign has run without using Social Sensei as their agent and representative.
Client agrees to pay $1000 or 20% of the campaign budget whichever is higher to retain the services of Social Sensei for influencer marketing.
Social Media Management and/or Digital Marketing Services
All services rendered are billed hourly against your retainer, however some specialized services are billed at a higher rate, they are as follows:
VA Tasks (SOP Provided) – $15 – 25 p/hour
Customer Service & Sales (SOP Provided) – $15 – 25 p/hour
Basic Content Creation – $25+ p/hour
Expert Content Creation – $100+ p/hour
Basic Website Design & Development – $25-50 p/hour
Expert Website Design & Development – $200+ p/hour
CXO Fractional Executive – $150+ p/hour
CRM Management – $25 – $50 p/hour
When looking at your timesheet you will see a multiplier applied to hours associated with these services to reflect the proper hourly rate.
Intellectual Property
Upon full payment and no remaining balance on the clients account then all intellectual property rights except generative AI digital media, art, and assets are transferred to the client. If there is a remaining balance on the clients account then Social Sensei retains all intellectual property rights of anything that has been produced for the client.
Social Sensei extends a worldwide license to use all generative AI digital media, art, and assets to Client for approved uses that are agreed upon in writing throughout the duration of the working agreement. Social Sensei may revoke this license at anytime.
Guarantees
Loop Giveaways
We can guarantee a minimum amount of followers gained to your account refer to our pricing page for more information (Please reference https://socialsensei.co/pricing). The amount of followers you gain per month will be dependent upon the growth plan that you select. This guarantee only lasts for the duration that your campaign is running. We can not guarantee that followers will continue to follow your account after the campaign is complete. If you do not reach your minimum followers guaranteed in your growth plan Social Sensei will put you into another growth campaign for free until you do. This guarantee only extends to Global & US based loop giveaway growth plans. No other services such as direct message campaigns, influencer marketing, targeted loop giveaways, social media management plans, engagement plans, etc include a guarantee for followers.
The guarantee is for the promotional campaign period only and does not include anytime after the promotional campaign has ended. Each promotional campaign lasts 7 days from the start date of the campaign.
Social Sensei is not liable for followers that choose to unfollow you after the promotional campaign is complete.
Social Media Management
If the Social Sensei team makes a mistake that the client documented in writing and clearly communicated to Social Sensei than Social Sensei will correct the mistake free of charge. This does not mean a round of feedback on a design element. However, as an example, if you tell us you want the photo green and we made the photo red on accident. We will correct this mistake for free. This guarantee only extends to social media management plans. This guarantee does not extend to website design, website development, mobile development, or programming services such as bugs, glitches, conflicts, etc all of which are normal to the development process. No other services such as Global & US based loop giveaways, targeted loop giveaways, direct message campaigns, influencer marketing, influencer seeding, engagement plans, etc include a guarantee for errors that Social Sensei may make.
Other Services
No other services listed on the Social Sensei website offer guarantees of any kind.
Payment
Your recurring payment will begin on the day that you make your first payment to Social Sensei (“start date”) and will recur every 30 days from your start date.
Your recurring payment term will automatically recur for the same amount at the same terms if you fail to cancel or notify us for cancellation of your account prior to your next billing cycle.
Upon a fraudulent attempt to file a dispute, we reserve the right, if necessary, to permanently ban your Instagram account and IP address from using Social Sensei services in the future.
Non-Disclosure
Client shall not directly or indirectly disclose to any person other than a representative of Social Sensei or employees of Client and/or necessary third parties associated with Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Social Sensei, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets.
Non-Solicitation
During the term of this Agreement and for a period of two (2) years following termination thereof, Client shall not:
- Solicit for employment or otherwise induce, influence or encourage to terminate employment with any person who works with and/or is associated with the Company, without express written consent by the Company; or
- Solicit business from or induce, influence or encourage, any client, customer, supplier, employees, contractors or other similar third party identified by the Company or that becomes known to the Client through the Company.
Registration
We require your social media account username and email for Social Sensei services.
By subscribing to a specific plan, you must pay for the plan’s current billing cycle before cancelling your subscription. If at any stage you would like to cancel your plan please contact our support team at [email protected] or access your subscription via your user dashboard.
You agree by registering or accepting this agreement that you are at least 18 years of age.
Copyright
You will in no way copy any programming, text or images used on the Social Sensei website without the written consent of a Social Sensei representative.
Reviews & Public Usage
Social Sensei may use your business name, social media account username, before & after screenshots of your website, analytics, social media accounts, etc for commercial use.
Client is aware and agrees that all emails, texts, phone calls, meetings, and interaction with the Company may be recorded and may be used for commercial use by the Company.
If you are asked for a Social Sensei review or testimonial, we reserve the right to utilize reviews publicly on ads, landing pages, websites, etc for commercial use. If you would like to have your review removed please contact our support team at [email protected].
Liabilities
Social Sensei is in no way, shape, or form liable for any account suspension, block, ban and/or if content is removed by a social media platform. It is the users responsibility to stay informed of each social media platforms terms of use and updated on any changes there within.
Social Sensei is in no way, shape, or form liable for damages, financial loss, etc to Client’s business for any service or task that Client has hired Social Sensei to execute upon Client’s behalf.
Social Sensei system servers are secured using high level encryption to prevent unauthorized access of your Social Sensei account. However, in the case of security breach and loss of data, we are not responsible for the consequences that follow the event.
Disclaimer
Social Sensei is not responsible for any damages to you or your business may suffer from using the Social Sensei service. Social Sensei makes no guarantees of any kind, expressed or implied for the services except those under the “Guarantees” section of our terms of service.
Since Social Sensei uses the internet to deliver services, we can not guarantee uptime or availability of our website or our services.
Change of Terms
This Terms of Service is subject to change at any time. The changes made will become effective the date they are posted on the Social Sensei website. No further notice by Social Sensei is required upon your continued use of our website or service.
Refund Policy
For Global & US Loop Giveaway Plans: Social Sensei is offering guaranteed results of non-tangible irrevocable goods as such we do not issue refunds once the order is accomplished and the service has begun. The service is considered active immediately upon receipt of payment. As a customer you are responsible for understanding this upon purchasing any Social Sensei service. We do not offer refunds as we guarantee the results of all Global & US loop giveaway plans. If you do not reach your minimum followers promised then will continue working for you until you do free of charge by placing you in the next upcoming loop giveaway. You must cancel your subscription before you are placed into another campaign to avoid being billed again. You can cancel at anytime by emailing your dedicated account manager at [email protected] or logging into your dashboard to cancel your subscription at https://socialsensei.co/login
*If client runs other promotions to gain followers at the same time as running the loop giveaway campaign we are not able to honor our guarantee as it’s not possible to see how many followers have been gained. The client should not run any other promotions while running a loop giveaway campaign with Social Sensei.
For Direct Message Campaigns: Social Sensei is offering non-tangible irrevocable goods as such we do not issue refunds once the order is accomplished and the service has begun. The service is considered active once the client submits the Mass Direct Message Campaign Onboarding Form to Social Sensei. As a customer you are responsible for understanding this upon purchasing any Social Sensei service.
For Influencer Marketing Campaigns: Social Sensei does not offer refunds for any reason once the campaign is active. The campaign is active once the client submits the Influencer Marketing Onboarding Form to Social Sensei. Prior to filling out the influencer marketing onboarding form the client is entitled to a refund.
For Social Media Management, SEO Optimization, Ad Campaign Management Services, Digital Marketing Services: Social Sensei is offering non-tangible irrevocable goods as such we do not issue refunds once the purchase is made and the service is active. The service is considered active immediately upon purchase. As a customer you are responsible for understanding this upon purchasing any service on our website.
For Engagement Plans: Social Sensei is offering non-tangible irrevocable goods as such we do not issue refunds once the service has begun. The service is considered active when the client provides Social Sensei with their social media account handle. Prior to delivery of the service the client may cancel and be offered a refund.
Changes in a social media platforms policy, social media platform bugs, action blocks, or other issues that are outside of the control of Social Sensei does not warrant a refund or credit.
We reserve the right to ban your account and browser IP from using Social Sensei services at any point in time.
We do honor requests for the refund on the following reasons:
Non-delivery of the product: In rare cases the account setup times are slower, and it may take a little longer for your account to be activated or your service to begin. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to our support department in writing within 3 days from the date of purchase. Otherwise the service or campaign will be considered active.
Technical issues such as billing errors, bugs on the Social Sensei website, or other technical errors that are under our control.
Accidental purchase of the product: In some cases users may accidentally sign up for our service. Claims for accidental purchase must be submitted to our support department in writing within 3 days from the date of purchase. Otherwise the service or campaign will be considered active.
Social Sensei reserves the right to charge a 5% processing fee for any refund. This charge is due to the payment processor charging to process the refund on your behalf.
Credit Policy
If your refund request is not honored do not worry as an alternative we can potentially credit you on your account. This will be determined on a case by case basis by our account management team.
Disputes
Before filing suit against Social Sensei the client agrees to attend one session of mediation before filing suit at the expense of the client. If the client does not attend mediation, or the dispute is not settled after one session of mediation, the client is free to file suit. Any law suits will be under the jurisdiction of the state of California and heard in Santa Barbara, CA.
In the case that the client does not succeed in their law suit against Social Sensei. Social Sensei is entitled to recoup all attorney fees, travel expenses, and opportunity loss from having to resolve the matter from the client.
Non-Payment
Social Sensei reserves the right to charge a 10% late fee on invoices that are unpaid and overdue by 10 days. Social Sensei may cancel any and all agreements with Client, stop working on Client’s projects, or stop any services Client has retained through Social Sensei. Every subsequent 10 days that Client is late on paying their Invoice in full Social Sensei may charge an additional 10% up to 30% total of Invoice in late fees. Work will not continue until the Invoice and all associated late fees are paid in full.
If Invoice is not paid within 90 days Social Sensei reserves the right to pursue mediation at the expense of the Client in the county of Santa Barbara, CA. If the Client does not mediate then Social Sensei reserves the right to pursue a lawsuit to reclaim the lost invoice, all expenses associated with the reclamation, and up to $50,000 additional in fees for lost time, energy, and opportunity.
Termination
Social Sensei reserves the right to terminate this agreement for any reason at any time by giving written notice to the client. Service will be terminated immediately if you are abusing another platforms terms of service, using your product or service to cause harm, or participating in illegal activities.
General Provisions
Notices. All notices, offers or other communications required or permitted to be given pursuant to this Agreement shall be in writing and may be personally served or sent by United States mail and shall be deemed to have been given when delivered in person or three (3) business days after deposit in United States mail, registered or certified, postage prepaid, and properly addressed, by or to the appropriate party.
Number of Days. In computing the number of days (other than business days) for purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and holidays.
Execution of Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute one and the same instrument.
Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Headings. The Article and Section headings in this Agreement are for convenience and they form no part of this Agreement and shall not affect its interpretation.
Controlling Law. This Agreement shall be governed by and construed in all respects in accordance with the laws of the state of California (without regard to conflicts of law principles thereof).
Application of California Law. Any matter not specifically covered by a provision of this Agreement shall be governed by the applicable provisions of California law.
Amendment. This Agreement may be amended by Social Sensei at anytime. Any changes to the Agreement in the future modify and replace all former agreements.
Entire Agreement. This Agreement contains the entire understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained.
Privacy Policy
Click here to view the Social Sensei Privacy Policy.
