System SocialZ™ Terms of Service

1. Acceptance Of Our Terms

These Terms of Service (“Terms”) form a binding agreement between you (“Subscriber”) and System SocialZ, Inc. (“System SocialZ,” “we,” or “us”) concerning your use of and access to the applications, products, and services provided by us through a paid or free trial subscription (“Services”). These Terms also apply to any individuals you authorize to use the Services on your behalf, including your Affiliates (as defined below), agents, contractors, consultants, or service providers (collectively referred to as “Authorized Users”). By using or accessing the Services, or by allowing any Authorized User to do so, you agree to be bound by these Terms.

If you are agreeing to these Terms on behalf of a company, organization, or other legal entity (“Entity”), you confirm that you have the authority to bind that Entity and its Affiliates to these Terms. In this case, “you,” “Customer,” or “Subscriber” will refer to both the Entity and its Affiliates. “Affiliates” are defined as any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the voting shares or other voting securities. If you are an Authorized User of a Customer, these Terms apply to you as well, to the extent relevant. If the Customer is an agency, an Authorized User may also include an agency Client as defined in Section 10 (Agencies). If you do not have the authority to bind the Entity or do not agree to these Terms, do not accept these Terms or use the Services.

You represent and warrant that the information you provide when registering for the Services is accurate, complete, and yours to use.

2. Our Services

2.1. System SocialZ and its Affiliates provide the Subscription Services through our web and mobile applications (each an "Application," collectively "Applications") available at https://systemsocialz.com/, and any additional sites where the Applications may be accessible in the future (each a "Site," collectively "Sites"). The specific features and services available to you depend on your subscription plan ("Plan"). The Services include, as applicable, System SocialZ's proprietary subscription services, which encompass the use of System SocialZ’s web-based Applications, mobile Applications (if applicable), technical support, and related documentation, all aligned with the Plan you have purchased (collectively, the "System SocialZ Subscription Services"). Additionally, the Services include Tagger Media, Inc.’s proprietary subscription services, which offer the use of Tagger’s web-based Applications, technical support, and related documentation, corresponding to the Plan you have purchased (collectively, the "Tagger Subscription Services"). If you have signed a service order, the details of your Plan will be specified in that document. If you purchase the System SocialZ Subscription Services within the Application, the details of your Plan will be found on the Billing Page (as described in Section 6.1). The Services expressly exclude any third-party database or Third-Party Services (as defined in Section 5). Subject to these Terms and any limits specified on a service order (if applicable), your Affiliates may access and use the Services. However, if your Affiliates require separate billing arrangements or accounts, they must purchase their own Plan.

2.2. We reserve the right to modify the features and functionality of our Services at our discretion. We will decide whether any new features require additional fees. Occasionally, we may introduce new features and make them available to customers at no additional cost. Access to certain new features or functionalities may require acceptance of additional terms presented within the Application. We may or may not notify you of changes to the Services. We will not be liable to you or any third party for any modifications, price increases, or discontinuations of our Services.

2.3. Any additional add-ons to the Services, including but not limited to, as applicable to the Services, listening, analytics, bots, or customer service, or the addition of users, profiles, groups, brand keywords, and other features or functionality that you later add to an existing Plan (collectively, the "Add-Ons") during your subscription term shall be subject to these Terms. Any services provided to you, such as implementation, training, or other consulting services related to your use of the Services (collectively, the "Professional Services") shall also be subject to these Terms and any applicable service order or statements of work.

2.4.Beta Services: From time to time, System SocialZ may offer you the opportunity to use and test certain services, features, or functionalities within the Services made available for internal evaluation and testing purposes only. These services, referred to as "Beta Services," may or may not be made generally available thereafter, at System SocialZ’s sole discretion. You may choose to accept or decline the use of Beta Services, and you are not required to use them as part of the Services. If you do choose to use Beta Services, you agree to be bound by any additional terms and conditions provided by System SocialZ. You also agree that, as between you and System SocialZ, the Beta Services are System SocialZ’s Confidential Information. System SocialZ provides no warranties for any Beta Services and is not obligated to correct, update, modify, or repair them. We reserve the right to discontinue Beta Services at any time, for any reason, with or without notice, and we will not be liable to you or any third party for any harm or damage arising from or in connection with the Beta Services.

3. Registering Users On Our Application

3.1. Except as outlined in Section 10 (Agencies), you agree to use our Services solely for your internal business purposes and in accordance with these Terms. After any Free Trial of our Applications or Services, you must register for our Applications and pay the required subscription fee to continue using the Services. The subscription fee must be paid on the first day of your subscription term, unless otherwise specified in your service order.

3.2. If you, as a Customer, add Authorized Users to your account, you must ensure that each Authorized User agrees to these Terms. You are responsible for all activities conducted under your account, whether or not you are aware of or intended them, and for all information, data, content, messages, and other materials that you or your users post or transmit via the Applications (collectively, "Content"). You acknowledge and agree that each login may only be used by one (1) Authorized User, and that you will not share a single login among multiple people. You are responsible for maintaining the confidentiality of your login and account information and are fully accountable for any and all activities that occur under or in connection with your login or account. Except as provided in Section 10 (Agencies), you agree not to trade, transfer, or sell access to your login or account to another party unless explicitly agreed to in writing by System SocialZ.

3.3. As an Authorized User, you represent and warrant that you are: (i) 18 years of age or older, (ii) not prohibited or restricted from having a System SocialZ account, and (iii) not a competitor of System SocialZ, nor using the Services for purposes that compete with System SocialZ.

3.4. You agree to make reasonable efforts to prevent unauthorized use of the Services and to notify us immediately if you discover any such unauthorized use through your account. Upon discovering unauthorized use, you will take all necessary steps to terminate it and cooperate with us to prevent or end such unauthorized use of the Services. Our Services support login through two-factor authentication. You acknowledge and agree that System SocialZ will not be responsible for any damages, losses, or liability that could have been prevented by the implementation of two-factor authentication by you or your Authorized Users.

4. Availability Of Service

4.1. While we will make commercially reasonable efforts to keep our Applications available and accessible, there may be times when the Applications are temporarily unavailable due to repairs, upgrades, routine or emergency maintenance, or other interruptions beyond our reasonable control. These interruptions may include outages of Third-Party Services (as defined in Section 5) or issues related to application programming interfaces ("APIs") and integrations. Any such interruptions in your use of our Services will not be grounds for terminating your subscription or requesting any full or partial refunds or credits for prepaid and unused subscription fees.

5. Your Use Of Third-party Integrations And Services

5.1. Our Applications may include links to or allow you to connect with external third-party products, services, or software ("Third-Party Services"). These may include social media networks and integration partners. To use these features, you might need to sign up or log into these Third-Party Services on their respective platforms. By allowing the Applications to access these Third-Party Services, you are authorizing the transfer of a secure authentication token from the Third-Party Service to our Services for this specific purpose. You acknowledge that your use of these Third-Party Services is governed solely by their respective terms and conditions, acceptable use policies, privacy policies, or similar terms ("Third-Party Service Terms"). SocialZ™ does not endorse, is not liable for, and makes no representations regarding the Third-Party Service, including its availability, content, or how it handles your data. We are not responsible for any damages or losses arising from your use of such Third-Party Services or reliance on their policies and practices. We are also not liable for any changes or deletions of your data by these Third-Party Services. Features of our Services may rely on the availability and functionality of these Third-Party Services, which we do not control. If a Third-Party Service changes or restricts its features or functionality, we may also stop providing certain features of our Services. We will not be liable for any refunds or damages resulting from such changes by the Third-Party Service or their impact on our Services. You waive any claims against SocialZ™ related to Third-Party Services.

5.2. When using our Services, you agree that: (i) you are the data controller, while SocialZ™ and its Affiliates act as data processors concerning any content collected from Third-Party Services ("Third-Party Content"); (ii) you authorize SocialZ™ and its Affiliates to facilitate integrations with Third-Party Services, agree to Third-Party Service Terms for these integrations, and process personal data accessed through these integrations on your behalf; and (iii) you are responsible for adhering to all applicable Third-Party Service Terms (including developer policies) and privacy laws regarding the creation or use of Third-Party Content.

6. Payment Terms

6.1. Payment in Application (for System SocialZ Subscription Services only)
Monthly Plans: Charges are billed on the first day of your subscription term and automatically on the same date each subsequent month (“Monthly Pay Date”). You will be billed monthly for your Plan and any Add-Ons. Cancellation can be done via the “Billing” page within the Application. If canceled before the Monthly Pay Date, no refunds or credits for unused fees will be issued, and you’ll retain access until the next Monthly Pay Date. Pricing may be adjusted at System SocialZ’s discretion, with changes taking effect on the next Monthly Pay Date following notice.

Annual Plans: Charges are billed on the first day of your subscription term and automatically on the same date each subsequent year (“Annual Pay Date”). You will be billed annually for your Plan and any Add-Ons. Cancellation must occur before the Annual Pay Date through the Billing Page. If canceled during the term, no refunds or credits will be issued, and access continues until the next Annual Pay Date. Subscription fees may increase annually, but any increase will not exceed 7% over the previous term unless notified 60 days before the Annual Pay Date.

Annual Plans with Monthly Payment: Charges are billed on the first day of your subscription term and automatically on the same date each subsequent month. You will be billed monthly for the Plan and Add-Ons throughout your subscription term. Cancellation must occur at least 30 days before the current term ends by notifying your account manager or emailing hi@systemsocialz.com. If canceled, no refunds or credits will be issued, and unpaid fees must be settled. Failure to make timely payments may result in immediate payment demands. Fee increases upon renewal are limited to 7% unless notified 60 days prior to the renewal term.

6.2. Payment By Invoice
If invoiced, your subscription term details will be on the service order, with payment due upon receipt. Failure to pay within 30 days may result in account suspension and loss of access to Services. Plans automatically renew unless canceled with at least 30 days’ notice via email to hi@systemsocialz.com. Subscription fees may increase upon renewal, but such increase will not exceed 7% over the previous term unless notified 60 days prior.

6.3. Changes To Your Plan
Upgrades or Add-Ons during your term will be billed at the current price and prorated based on remaining days in your term. These changes will align with your existing Plan’s renewal terms. Downgrades or removal of Add-Ons will not result in refunds or credits for unused fees. Downgrading may lead to loss of content or features, for which we are not liable.

6.4. Credit Card and PayPal Authorization
By providing credit card or PayPal details, you authorize System SocialZ to store and charge these payment methods until account termination. We may use third-party processors and notify you of any issues with your payment method. Failure to update payment details may result in account suspension. A backup payment method can be set up to avoid disruptions.

6.5. Disputes and Late Payments
Dispute any amounts in writing before the due date. Late payments incur a finance charge of 1.5% per month or the maximum allowed by law, plus any collection costs. Amounts due cannot be withheld or offset against other claims.

6.6. Taxes
You are responsible for any applicable taxes, excluding taxes on System SocialZ’s income. Taxes will be charged unless a valid exemption certificate is provided. For international customers, amounts will be grossed up for withholding taxes.

6.7. Purchases through Reseller
If you buy through a Reseller, a separate agreement will govern terms, including quantity, service term, fees, and taxes. Payments and conditions are managed between you and the Reseller, not System SocialZ. Disputes with the Reseller are handled directly with them. In case of conflicts between these Terms and the Reseller Agreement, these Terms will prevail.

7. Cancellation And Termination

7.1. Termination by You
You may cancel your Plan as specified in Section 6 (Payment) or if System SocialZ commits a material breach that we fail to correct within thirty (30) days after receiving your written notice detailing the breach. If we do not resolve the breach, you may terminate your account and receive a prorated refund for any prepaid, unused fees. For all other terminations, no refunds for prepaid, unused fees will be provided, and any unpaid fees for the subscription term remain due.

7.2. Termination by Us
We may restrict or temporarily suspend your account if we reasonably believe you have violated these Terms. We will make reasonable efforts to notify you by email before suspension, unless immediate action is needed or legal constraints prevent us from giving notice. We are not liable for any consequences of such actions. We may terminate your account for reasons including: (i) failure to comply with these Terms; (ii) non-payment of fees; (iii) expiration of the subscription term with prior written notice; (iv) bankruptcy or similar insolvency proceedings; or (v) actions that could harm System SocialZ’s reputation, its Affiliates, or its partners. Termination for these reasons does not entitle you to refunds of prepaid fees or relieve you of the obligation to pay fees due before termination. Any suspected fraudulent, abusive, hateful, discriminatory, or illegal activity may lead to immediate termination and possible referral to law enforcement.

7.3. Post-Termination
Upon termination, you must stop using the Services. System SocialZ may delete your account settings and Content within thirty (30) days of termination, without liability or notice. Once deleted, account settings and Content cannot be recovered, except for any Content retained on Third-Party Services according to their terms.

8. Your Use Of And Access To The Services

8.1. Grant of Rights
Subject to your adherence to these Terms and any applicable Product-Specific Terms (found for System SocialZ Subscription Services [here] and Tagger Subscription Services [here]) and the service order (including any scope limitations), System SocialZ and its Affiliates grant you a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Services solely for your internal business operations or on behalf of your Clients, if permitted by your Plan or service order. Your Clients may use the Services in accordance with these Terms if your Plan allows it. You agree that System SocialZ and its Affiliates may access your account as needed to provide the Services and related support. Your purchase of the Services is not dependent on the delivery of any future features or functionality, nor is it influenced by any comments made by System SocialZ or its Affiliates regarding future features.

8.2. Use of Services
You must use the Services in accordance with: (i) these Terms, (ii) the applicable Product-Specific Terms, and (iii) the Usage Policy.

8.3. Termination Rights
We reserve the right to immediately terminate your account or suspend your access to the Services if we reasonably suspect you have breached any restrictions outlined in this Section 8.

8.4. Content Management
Although we do not monitor the content published through our Services and are not responsible for such content, we reserve the right to delete, edit, or move any messages or materials that we deem necessary to remove, including public postings, advertisements, and messages.

9. Confidential Information

9.1. Definition
"Confidential Information" refers to non-public information disclosed by either party to the other, whether in writing, orally, or through access, which (i) a reasonable person would consider confidential or (ii) is marked as “confidential,” “proprietary,” or similar by the disclosing party.

9.2. Exclusions
Confidential Information does not include information that (i) was publicly available before disclosure; (ii) becomes publicly available after disclosure without breach of these Terms; (iii) was already in the receiving party’s possession before disclosure; (iv) is obtained from a third party without confidentiality breach; or (v) is independently developed by the receiving party without using the disclosing party’s Confidential Information.

9.3. Confidentiality Obligations
The receiving party shall not disclose or use Confidential Information outside the scope of these Terms. They must take reasonable actions to prevent unauthorized disclosure and restrict access to those who need it to fulfill their obligations under these Terms.

9.4. Legal Disclosures
The receiving party may disclose Confidential Information as required by law or court order, provided they give the disclosing party advance written notice (where legally permissible) to allow them to seek confidential treatment of the information and limit disclosure to what is required.

10. Agencies

10.1. Agency Use
If you are an Agency, you may use our Services on behalf of Authorized Users who are your clients (“Clients”) and charge them accordingly. As an Agency, you are responsible for all use of the Services by your Clients and must ensure that your Clients are not exposed to another Client's confidential information. “Agency” refers to a business providing advertising, marketing, or social media services on behalf of others.

10.2. Agency Partner Program
If you are participating in our Agency Partner Program, you are subject to additional terms available [here].

11. Data Privacy

11.1. Data Sharing
System SocialZ and its Affiliates may share your data with third parties if required by law or permitted by you to provide the Services. We will ensure third parties maintain reasonable data practices for confidentiality and security. We do not share your data for third-party marketing purposes.

11.2. Data Responsibility
You represent that your Content is not collected, stored, or transferred to System SocialZ in violation of any laws or contractual obligations. You are solely responsible for the accuracy, quality, and legality of your Content.

11.3. Data Processing
If processing personal data subject to EU or US data protection laws, you must enter into a Data Processing Addendum (DPA) as specified in the Product-Specific Terms. The DPA is part of these Terms and applies to personal data processing. Refer to the Product-Specific Terms for details.

12. Intellectual Property Rights

12.1. Your Content
You own all Content you provide to us. You grant us a non-exclusive, revocable, worldwide, limited, fully paid-up, royalty-free license to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze this Content solely to provide the Services. You warrant that you have the rights to submit the Content and that it is accurate and not in breach of any third-party rights.

12.2. Our Intellectual Property
System SocialZ and its Affiliates retain all rights, title, and interest in the Services and related Intellectual Property Rights, including patents, copyrights, trademarks, and trade secrets. Your use of the Services does not grant you additional rights in these Intellectual Property Rights. We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services.

12.3. Feedback and Suggestions
You may provide Feedback about the Services voluntarily. If you do, you grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use this Feedback to improve the Services. Feedback is provided “AS IS,” and we will not publicly identify you as the source without your permission.

12.4. Data Use
You authorize System SocialZ and its Affiliates to use de-identified or aggregated data for purposes such as compiling usage information, improving the Services, and publishing benchmarks. This data will not identify you or any individual. System SocialZ owns all Intellectual Property Rights in this de-identified or aggregated data.

13. Disclaimers

The Services are provided “AS IS,” without any warranties, guarantees, or representations. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, secure, or error-free Services, and we are not liable for any issues related to internet service, equipment, or electronic communications. We do not provide warranties or remedies for free trials, beta services, or any feature in beta or free trial versions, which are used at your own risk.