Social Status Terms of Use

Last updated 31 March 2021. In effect as of 31 March 2021.

Social Status is a Software as a Service (SaaS) application that provides social media analytics and reporting for marketers and advertisers (collectively, the “Service”) and this website (the “Site”) are provided by Social Media Status Pty Ltd, a registered Australian business wholly owned by Social Status, Inc – a Delaware corporation.

These Terms of Use (“Terms”) govern your use of the Service and Site provided by Social Status and form a binding contractual agreement between you, the user of the Service and us, Social Status, Inc. These terms should be read in conjunction with our Privacy Policy.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. You can contact us via our Contact form on the website.

By registering to use or using the Service you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Service.

1. Application of terms

1. These Terms apply to all users of the Service, whether you are using the Service on your own behalf or on behalf of another individual or organization. If you are using the Service on behalf of an organization with their authorisation, these Terms bind you in your personal capacity and the relevant organization.
2. We may update or change the Terms at any time at our discretion. If we change the Terms, we will notify you by alerting you through our web platform. You must agree to be bound by the updated Terms by clicking “OK” before continuing to use the Service.
3. If you do not agree to the updated Terms, you must not continue to use the Service.

2. The Service

1. We grant you a non-exclusive, worldwide, non-transferable, revocable right to use the Service in accordance with these Terms.
2. You may access and use the Service (including any incidental copying that occurs as part of that use) in accordance with these Terms. You may also print one copy of any page within the Service for your own personal, non-commercial use.
3. By logging into the Service and inputting your social account details into the Service, you grant us the right and appoint us as your agent to use any information or content provided by you to conduct actions on your behalf, at your direction (such as accessing insights) in providing you the Service.
4. You acknowledge and agree that the Service is not affiliated with or authorised by Facebook, Instagram, YouTube, Twitter or LinkedIn, and any access to these social networks (including via the Service) is governed by each social network’s Terms of Use.
5. The Service contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated content or any content available on any linked website.
6. We do not have any obligation to monitor, edit or remove content provided by our users to the Service.
7. You acknowledge and agree that:
   1. we retain complete editorial control over the Service and may alter, amend or cease the operation of the Service at any time in our sole discretion (we will give you reasonable notice of any alteration that materially adversely affects the functionality of the Service); and
   2. the Service may be unavailable from time to time (including for maintenance purposes). To the extent possible, we will notify you of any scheduled downtime.

3. Your Rights and Obligations

1. You must not add any content to the Service:
   1. unless you hold all necessary rights, licences and consents to do so;
   2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
   3. that is or could reasonably be considered to be spam, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, unlawful, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
   4. that would bring us, or the Service, into disrepute; or
   5. that infringes the intellectual property or other rights of any person.
2. You must not:
   1. attempt to duplicate or replicate, or reproduce, modify or prepare derivative works of, the Service, our content or any other material that you do not own;
   2. intentionally distribute viruses, malicious code or other items of a destructive or deceptive nature;
   3. access another person’s account without permission or give any third party access to your account with us;
   4. alter, disable, interfere with or circumvent any aspect of the Service or test or reverse-engineer the Service in order to find limitations, vulnerabilities or evade filtering capabilities; or
   5. do anything designed to affect access to or the integrity of the Service.

4. Payments

You acknowledge and agree that:

1. we will debit your nominated payment method on the specified billing date (the day that your trial period ends) each month for the next month in advance, unless you cancel the Service prior to this date; and
2. in the event you cancel the Service, refund of any monies paid is at our discretion (that is, payments are non-refundable, except at our discretion).

5. Intellectual Property

1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Service.
2. We acknowledge that as between you and us, you own all intellectual property rights in the content that you provide to the Service or otherwise provide to us for the purpose of providing the Service.
3. You consent to any act or omission which would otherwise, but for this clause, constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

6. Data Privacy

1. We acknowledge that, for the purposes of applicable data protection legislation in Europe, we act as a data processor with respect to the personal information that you provide to us.
2. A description of the personal information can be found at Appendix 1 to Annex 1 of these Terms. The duration of data processing shall be for the term of these Terms.
3. We will process any personal information solely in accordance with your written instructions and will immediately inform you if we believe that to do so would breach applicable data protection legislation.
4. If we are required by applicable law to process the personal information without any instructions from you, or contrary to your instructions, we will tell you about it (unless we are not allowed to as a matter of law).
5. We will:
   1. ensure that our staff have committed themselves to confidentiality or are under an appropriate legal obligation of confidentiality;
   2. cooperate with you to enable you to satisfy your obligations under applicable data protection laws to respond to the exercise of any data subject rights;
   3. put in place security measures as required under applicable data protection legislation;
   4. cooperate with you and assist you to comply with your data security obligations, including notifying you of any Personal Data Breach;
   5. at your option, return or delete all personal information, unless we are required by law to keep such personal information;
   6. provide you with appropriate information, and allow for and contribute to audits, including inspections, conducted by you or an auditor appointed you; and
   7. only appoint a subcontractor in circumstances where we have notified you in advance of the identity of the subcontractor, given you the opportunity to object, and made sure that the subcontractor is subject to data privacy obligations equivalent to those set out in this clause 6.
6. If you are located in the EU so that the transfer of personal information outside of the EEA requires appropriate safeguards to be in place, we both agree that we will comply with the requirements of the Standard Contractual Clauses for the transfer of personal data to processors established in third countries as set out in Annex 1 to these Terms. To receive a copy of these terms for legal execution, contact us on our website.

7. Warranties

You represent and warrant to us that:

1. you will use the Service in accordance with these Terms;
2. your use of the Service does not infringe any person’s intellectual property or other rights; and
3. you have the legal capacity and the authority to enter these Terms.

8. Third-Party Links and Content

1. The Site may contain links to sites not under the control of Social Status. Social Status does not assume, and expressly disclaims any and all, responsibility for the content of any page not on the Site.
2. Links to third-party websites on the Site are provided solely as a convenience to you. Social Status has not reviewed these third-party web sites, and does not control and is not responsible for any such sites or content displayed thereon.
3. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk, and the inclusion of any third-party link on the Site does not imply any endorsement or guarantee whatsoever by Social Status of such third-party site.
4. As part of the Service, Social Status may highlight, deliver or analyze third-party social media content or other publicly available third-party content.
5. Social Status makes no representations or warranties with respect to such third-party content, nor does it provide any license to use such content.
6. Social Status shall have no liability to you with respect to such third-party content or with respect to any actions taken by you or any third party in connection with such third-party content.

YouTube Integration

1. Social Status uses the YouTube API Services to provide measurement and analytics for YouTube videos. By using Social Status, you agree to be bound by YouTube’s Terms of service: https://www.youtube.com/t/terms and Google’s Privacy Policy http://www.google.com/policies/privacy.
2. Social Status collects and stores YouTube API data on behalf of you when you connect to Social Status through your Google account.
3. You can manage your connected Google account(s) from the Social Status User Settings area and also directly via Google’s security settings page https://security.google.com/settings/security/permissions.

9. Liability

1. You are liable for any loss or damage directly or indirectly caused by any breach of your obligations under these Terms. You indemnify us for any loss or damage we suffer as a result of your breach of these Terms (including the warranties you give us under these Terms), or any wilful misconduct, unlawful acts or negligence in your use or misuse of the Service.
2. To the full extent permitted by law, we exclude all liability for all claims, expenses, loss, damage and costs made against or incurred by you directly or indirectly arising out of or in connection with your use of the Service or your inability to use the Service, including in respect of economic loss, loss of data, interruption of business or any consequential or incidental damages.
3. Our total liability to you for breach of contract under these Terms, for tort (including negligence), or for any other cause is limited to an amount equal to the total aggregate fee that you paid for the Service for the one month period immediately preceding the day upon which our liability arose.
4. To the full extent permitted by law, we exclude all terms, representations, warranties, conditions, guarantees or obligations (whether express or implied) other than those expressly set out in these Terms.
5. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied terms, representations, warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any breach of a term, condition or warranty implied under any law which cannot be excluded to, at our option:
   1. the supply of the Service again; or
   2. the payment of the cost of having the Service supplied again; or
   3. a pro-rata payment for the remainder of your subscription for that period.

10. Termination

1. These Terms terminate automatically if, for any reason, we cease to operate the Service.
2. We may otherwise terminate or suspend your access to the Service immediately, on notice to you, if you have breached these Terms in any way.
3. You may cancel the Service at any time by notifying us.
4. All rights granted to you in these Terms cease upon termination.

11. General

1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
2. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
4. Without prejudice to Clause 10 of the Standard Contractual Clauses, these Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.