Terms of Service

Terms & Conditions

Effective on 8 January, 2017

Updated on 29 March, 2018

These Terms & Conditions (hereby referred to as “Terms”) serve to govern the use of our service and correspondence with our social media account managers (hereby referred to as “Services”). Please go through these Terms carefully and thank you for looking into our Terms, as they are important to be aware of.

Terms are Legally Binding
By using the Services we provide, you agree to be legally bound by the Terms outlined on our website as well as comply with the Privacy Policy also defined on our website.

When we use the words “CrowdTuner,” “we,”, “our,” or “us” throughout this policy, we’re referring to CrowdTuner, which is understood as the intermediary company that connects “Account Managers” to provide the Customer with Services listed on our website. When we talk about “Services” in this policy, we are referring explicitly to the actions committed by Account Managers in order to help you grow your social media accounts.

Primary terms
• CrowdTuner is not affiliated with Facebook, Instagram, or any social media site or service.

• You agree that it is your sole responsibility to comply with all Instagram, Facebook, or other social media sites rules and all laws, rules, and regulations that apply to you concerning sites that are receiving services from CrowdTuner. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.

• You agree that your Instagram account is in good standing before signing up and while using CrowdTuner services. Your Instagram account needs to meet the following criteria; Has a profile picture, has a minimum of 10 posts, has to be email and/or phone verified, has never been blocked or suspended by Instagram.

• CrowdTuner is not responsible for any or all actions that you take or perform using Instagram. The appropriateness or legal status of any posts to your account is solely your responsibility.

• Any or all actions the customer takes on their own while using CrowdTuner services are at the customer’s own risk. CrowdTuner recommends customers to limit their actions as much as possible, like a maximum of 50 posts in a day, and follow a maximum of 10 accounts in a day, to avoid exceeding Instagram’s limits.

• You agree that you do not use any 3rd party applications or allow other people besides yourself and CrowdTuner to take actions on your Instagram account (with an exception of posting and analytics tools like www.later.com or www.iconosquare.com).

• Obtaining or accessing CrowdTuner services requires access to your Instagram password. Any changes or updates to your password will directly affect CrowdTuner ability to provide service, it is your responsibility to inform and update this information with CrowdTuner.

• Audience engagement is not guaranteed in any shape or form. CrowdTuner works to bring your content to the attention of your target audiences but cannot guarantee that the target audience will become engaged, follow or otherwise show an interest in your content.

• Audience growth results are not guaranteed in any shape or form. The results that CrowdTuner has on your Instagram account depends on real people taking an interest in your account as well as your content, niche, target audience, and Instagram’s algorithm.

• CrowdTuner does not control who becomes a follower; does not protect from spam, fake, inactive or otherwise unwanted followers. It is always your responsibility to take appropriate action to block or otherwise disengage unwanted users from your account.

• We reserve the right to modify, suspend or limit any offered services at any time without notice. CrowdTuner when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred.

• CrowdTuner does not control what happens to an Instagram account after discontinuing the CrowdTuner service.

• CrowdTuner may at its sole discretion modify or terminate any and all service(s) when CrowdTuner becomes aware of a violation by you or your agent in connection with CrowdTuner and/or Instagram Terms of Service or a breach of any applicable rule, regulation or law that you are subject to without prior notice given.

General terms
• You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s). You also represent that all information you provide or provided to CrowdTuner upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

• You are responsible for keeping your password secret and secure. CrowdTuner will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect your Social Media credentials you have submitted to CrowdTuner.

• You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are proved service(s) offered by CrowdTuner, including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

• You may not use social media sites that are proved service(s) offered by CrowdTuner for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.

• You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via social media sites that are proved service(s) by CrowdTuner.

• Violation of these Terms of Use may, in CrowdTuner’s sole discretion, result in termination of your CrowdTuner’s services. You understand and agree that CrowdTuner cannot and will not be responsible for the Content posted on social media sites that are proved service(s) offered by CrowdTuner. If you violate the letter or spirit of these Terms of Use or otherwise create risk or possible legal exposure for CrowdTuner we may stop providing all or part of the Service(s) to you.

You are an Authorized Member of Our Community And Your Account is Managed
A company, organization, or other qualified third parties we refer to in these Terms are considered the “Customer”. Being a Customer effectively makes you a member of our Community. Every member of our Community is provided a communication channel to an “Account Manager”, which in and beyond these Terms is understood as a third-party, subcontracted person(s) that provides Services of CrowdTuner on behalf of the Customer. An Account Manager is granted access to the social media account(s) of the Customer, thus allowing for the fulfillment of Services.

For you, this means:
Your Customer Data is accessed discreetly by employees of CrowdTuner in order for improved delivery of Services. You agree to allow access to Customer Data upon registering for access to our Services under a “Contract”, which is activated upon Customer Registration. This Contract holds our commitment in delivering Services to the Customer through the delegation of tasks to a subcontracted Account Manager.

Notable Rules
The Services provided by CrowdTuner require for the Customer to follow the Rules specified below as well as comply with the Privacy Policy described.

The Customer Must Be Aged 18 or Over
Services we provide are strictly unavailable to children under the age of 18. If a child under the age of 18 has provided us with their information without a consenting parent/guardian, please contact us immediately.

CrowdTuner is not meant to be combined with other Instagram growth services
Services we provide are meant to be used exclusively and can not be combined with other Instagram growth services. If the customer does use other services while CrowdTuner is active, we are not accountable for errors or lack of results.

The Customer Is Bound to Contract Periods
These Terms remain in effect until the end of the Customer’s billing cycle. The Customer is entitled to cancel their contract with us without prior notice or given reason. The Customer is required to cancel their billing at least one business day (24 hours from Monday to Friday) prior to the following billing cycle. Otherwise, the Customer is obliged to fulfill the final week, month, or quarter of billing prior to cancellation. Please note that changing the password or pausing the service on an account does not cancel the subscription and related charges.

The Customer is allowed to cancel their subscription either per email to admin@crowdtuner.com*, through our Cancellation Form, through PayPal, or through any of the contact forms on our website*.

*Cancellations need to be filed at least one business day before the renewal date from the same email used for the registration and have to include the Instagram username for which the service is used.

Monthly Billing Cycle Cancellation Example
The Customer is due to be billed on the 30th of March for the provision of Monthly Services from the 30th of March until the 30th of April.

Scenario 1 – The Customer cancels on 30th of March: The Customer will still pay for services supplied for the periods of 30th of March – 30th April. The Customer will not be billed on the 30th of April for the month of May.

Scenario 2 – The Customer cancels on the 29th of March: The Customer will not pay for the periods of 30th of March – 30th April 2018. The Customer shall not receive any Services after the 30th of March.

Payment cycles
The customer agrees to pay for the services in advance on the first day of each term. Payments are billed automatically by PayPal on the agreed renewal date or paid manually through PayPal or through direct bank transfers. CrowdTuner reserves a late payment fee of 10% of the amount due to be added to the total amount for every 30 days the payment is delayed. The services will be placed on hold when a payment is not made on the agreed renewal date and resumed when the payment is processed successfully. For the duration services are placed on hold, the outstanding balance will continue to accumulate until the customer settles the outstanding balance or cancels the subscription.

The Customer Agrees To The Refund Policy as Described
Refund requests are reviewed on a case by case basis. The refund policy as described in the Terms of Service does not serve as a guarantee of refund. Typically, only new subscribers may be eligible for a refund. Multiple factors are taken into consideration, of which may include (but not limited to): amount of account management provided, amount of followers received, date of subscription, events of force majeure, contract period binding, subscription type, past experience with the Service, account manager feedback, targeting as defined by the Customer.

Refunds for subscriptions are provided at the sole discretion of the Company. Refunds are not provided for subscriptions if the Service is provided as stated. Fulfillment of Service results in cases of non-refund. Should a refund for a subscription be provided at the discretion of the Company, the Company may offer only a partial refund in accordance with the remaining time on the Subscription minus discount offered on the price.

If you believe you should be issued a refund, please reach out to our support team with full details of your request. While we strive to be as fair as possible when reviewing a refund request, please keep in mind that refunds are usually provided only in extreme circumstances.

The Customer Agrees To Limitation of Liability
Services provided by Account Managers of CrowdTuner will not be held accountable to the Company, CrowdTuner. The Company may not be held liable for any potential damages incurred. We may directly step in and take what we deem appropriate action against the Customer or Account Manager (including the termination of the membership on the CrowdTuner website) depending on circumstance. In no event will you or us have any liability to the other for lost profit, revenue, or any circumstantial, incidental, consequential, punitive, or other forms of damages however they may have been caused, whether in contract, tort, or under any other theoretical circumstance of liability and regardless of whether the party has been advised of the possibility of the aforementioned damages. You will have no financial liability to us for a breach of these Terms, and our maximum aggregate liability to you for any alleged breach of these Terms is a refund of your most recent term with CrowdTuner.

The Customer Agrees that Services May Be Delayed Or Suspended Under Force Majeure
While CrowdTuner strives to provide the very best Account Managers to fulfill services to the Customer, unforeseeable circumstances may prevent our Account Managers from fulfilling their contractual obligations. Otherwise known as “Superior Force,” a “Force Majeure” is understood as natural disasters, including fire, flood, earthquakes, storms, hurricanes, other natural disasters, war, invasion, acts of hostility, civil war, rebellions, revolutions, insurrections, military coups, terrorist activity, suspension of electricity or phone services. No party is considered liable under said events. Should the Service to the Customer be postponed, suspended, or canceled under Force Majeure, both the Customer and the Company agree not to hold any party liable.

Discrepancies & Agreement to Terms
The Terms stated above, including any terminology referred to in our Terms or within our Privacy Policy, are constitutive of the entirety of our Terms agreement between you the Customer, us the Company, and involved third parties that provide Services, wholesomely understood as the Account Managers. The Terms stated supersede prior agreements (both written and verbal) concerning all subject matter related to the provision of Services and Terms of use of CrowdTuner as an intermediary Service. Should there be conflict, inconsistency, or claims that counter either the Terms or Privacy Policy, the terms stated on this Terms page shall be the prevailing agreement presented to any “Authoritative Party” understood as local jurisdictive parties.

Governing Law
The Terms stated above and any disputes relevant to the Terms or our Privacy Policy shall be addressed exclusively by the law of The Netherlands and relevant constitutional bodies of The Netherlands.

Contact CrowdTuner
We appreciate all forms of feedback and welcome you to contact CrowdTuner through this form should there be any discrepancies, misunderstandings, or other noteworthy mentions regarding the Terms and/or Privacy Policy.

Thank you for your understanding and cooperation. Let’s grow your social media together!

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