1. General Conditions.
1.1. Thorough understanding of these Terms of Service is necessary for the provision of the Graftype (hereinafter Service).
1.2. Upon use of the Service, the User confirms that they have carefully read and fully agreed to all of the points of these Terms of Service.
1.3. In the event that the User disagrees with any or all points of the Terms of Service, use of the Service is prohibited.
1.4. The User agrees to fully comply with all provisions of the Terms of Service throughout the entire period of work with the Service and all of its parts.
2. Parties to the Agreement and Terms Used.
2.1. Terms of Service — This document is unilateral and unconditional, proposed for acceptance by the User in the format of a written offer. The acceptance of these Terms of Service is a prerequisite for the use of the Service by the User. The acceptance is automatically made by the user as a result of using the Service and the Website.
2.2. The Service — A set of software designed to work with content and scheduled posting through the social media program Instagram, located on the website at https://app.graftype.com
, and designed to solve the User's tasks in accordance with the procedure established in the Agreement.
2.3. Website — The address of the Service on the Internet. It is located at https://app.graftype.com
2.4. Provided Services — A set of technical functions provided to the User in the framework of paid or free use of the Service. The Provided Services solve the problem of implementing scheduled posting in the photo service Instagram. The volume and quality of the Services provided may be changed by the Contractor without prior or subsequent notification to the User.
2.5 Contractor — The entire administrative and technical team of the Service responsible for its development and maintenance all in one person. The Contractor is in direct contact with the User and is obliged to provide consultation on issues directly related to the use of the Service. The Contractor is one of the parties to these Terms of Service.
2.6 The User — The User is any individual that, in one way or another, uses the Service. A User is any person who uses the Website for any of its purposes. The user is also an individual who has not been registered on the Website. Thus, all the provisions of this User Agreement are applied in full to all individuals using the Website or the Service, regardless of the person passing the registration procedure. The user is one of the parties to this Agreement.
3. Contractor Rights.
3.1. The Contractor holds the right to limit the provision of the services provided to the User at any time and in any amount in the event of violation by the User of one or several provisions of these Terms of Service.
3.2. The Contractor holds the right at any time to unilaterally terminate the provision of the services provided to the User in the event of a violation of the Terms of Service by the User.
3.3. In the event of a restriction or termination of the provision of the services provided to the User, the Contractor is not obliged to notify the User about this, neither before nor after.
3.4. To limit or terminate the provision of services provided to the User, it is not mandatory for the User to explain his actions.
3.5. The Contractor may, at any time and in any volume, change the quality and scope of the Services provided. For this, the Contractor does not require notification to or consent from the User.
3.6. In case the Contractor determines certain use of the Service as improper, the Contractor has the right to stop providing current services to such a User, and also the right to means of technical measures in order to block the possibility of using the Service for this User in the future.
3.7. In order to provide the service properly, the Contractor collects User Information.
3.8. The information collected by the Contractor includes, but may not be limited to, the User's IP address.
3.9. The Contractor holds the right to use the collected information from the User to provide the Services in the required amount and up to the necessary standards.
3.10. The Contractor holds the right to make any changes to these Terms of Service at any time at their own discretion.
3.11. Any changes made by the Contractor come into force and are mandatory for execution by the User in 30 calendar days after the appropriate changes to the Terms of Service have been made.
3.12. The Contractor does not bear any responsibility for materials posted by the User while using the Service, including any material the User posts which violate the current regulations.
4. Contractor Obligations.
4.1. The Contractor promises to provide the User with the services confirmed in these Terms of Service, which is expressed in providing the User with the opportunity to use the software implemented within the Website.
4.2. The Contractor promises to provide consultation related to the direct use of the Service.
4.3. In the event that significant changes are made to these Terms of Service, the Contractor shall notify the User about this through the Website's communication system no later than 3 days after making such changes.
4.4. The Contractor promises to answer any question sent to email@example.com
, related to the operation of the Service, within 10 business days.
4.5. The Contractor is obliged to ensure the confidentiality of User data which is technically accessible to the Contractor and depends on their actions.
4.6. The Contractor is not liable for any damage incurred by the User, including damage caused by the loss or blockage of the Instagram account used through the Service.
5. User Rights
5.1. The User holds the right to use the Service, including the services provided, and the Website, providing that they comply with all provisions of these Terms of Service to the extent that the Contractor has established.
5.2. The User holds the right to contact the Contractor in any convenient and accessible way for both parties to clarify any questions arising from the User relating to the use of the Service or any of the services provided.
5.3. The User holds the right to present to the Contractor any problems relating to the volume and quality of the services provided through communication with the Contractor and receive a reasoned response within the terms provided for in this agreement.
5.4. The User has the right to claim refund of the funds for the paid Service use period from the Contractor, if the Service was inoperative or operated poorly during this period. Poor operation of the Service, however, does not include the deterioration of the photos and video materials quality after publishing on the social media through the Service, since such deterioration in the quality of photo, video and audio is not caused by the Service operation, but rather by the algorithms of content compression and optimization by social media. Neither can service interruptions caused by failures or changes in the social media themselves be considered as poor Service operation. For example, if some Instagram features become unavailable or experience interruptions, it will lead to troubles in the operation of Graftype, but can not provide grounds for a refund.
5.5 The User holds the right to terminate the use of the Service at any time, which will result in the termination of this agreement.
6. User Obligations
6.1. The User is obliged to comply with all of the provisions of these Terms of Service.
6.2. The User is obliged to comply with all related laws, both domestic and international, while using the Service.
6.3. The User must comply with Instagram's Terms of Service when using this Service.
6.4. The User is obliged to fully comply with Copyright Law when using this Service.
6.5. The User assumes all the of the ramifications of using the Service. In particular, the User is responsible for the safety of their Instagram accounts. The Contractor does not bear any responsibility in case of blockage or other damage to one or several Instagram accounts owned by the User. Such damage can be inflicted only in the case of incorrect, unscrupulous or excessive use of the Service. The user holds the right to consult the Contractor to learn more about the precautionary rules when using the Service.
6.6. When using the Service, the user must be aware of all the risks associated with using third-party services to work with Instagram. Such risks may include, but are not limited to, a temporary or complete blockage of the Instagram account. The Contractor on its part promises to maintain the correct operation of the Service, which provides minimal risks of the loss of accounts.
6.7. The User is obliged to use the Service only for its direct and immediate purpose. User conduct potentially resulting in a violation of the Service's operability and / or stability is a violation of these Terms of Service and leads to its immediate termination. Termination of the agreement directly leads to the termination of the provision of the services to the User. The Contractor in this case reserves the right to block any further use of the Service by such a User with the assistance of available technical means.
6.8. The User must use the Service wisely. An unreasonably high load on the service, which decreases its performance or stops its work for other users, is a violation of these Terms of Service and leads to its immediate termination.
6.9. The User must not intentionally take any actions aimed at decreasing the performance or stopping the work of the Service.
6.10. The user is obliged to refrain from any actions that could potentially limit the availability or quality of the Service for other users.
6.11. The scenarios provided for in points 5 and 6 of this section are unilaterally performed at the discretion of the Contractor, and no notification to the User is required. The Contractor is also not obliged to explain the reasons and consequences of their actions for the User.
6.12. The User agrees to refer regularly (at least once a month) to the Terms of Service in order to learn all the updates and changes to this agreement.
6.13. The User accepts unconditionally and in full all the updates and changes made to this agreement. Acceptance of any changes and updates occurs automatically with further use of the Service by the User.
6.14. The User agrees to maintain the confidentiality of his data, including the login and password from the Service's website, as well as other personal data transmitted to the Contractor.
6.15. The User agrees not to use third-party programs, tools, websites, or any other means to modify or improve the operation of this Service.
6.16. In the case of using third-party services and programs that modify or in any way affect the operation of the Service, the provision of the services to the User who committed such a violation will be immediately terminated.
6.17. The User agrees to use the Service solely for lawful purposes. Any use of the Service for illegal purposes will result in the immediate termination of the provision of services to the User.
6.18. The service provides software for publishing images, videos and texts. In this connection, the User unconditionally agrees to publish only materials and texts not prohibited by the Law.
6.19. The User agrees to, under no circumstances, post illegal materials, including pornographic materials, materials and texts related to the traffic and use of narcotic drugs, and materials and texts in which one can discern calls for violence of any kind, suicide, signs of intolerance of any social class or group, or hatred for religious, political or any other group.
6.20. The User agrees not to use the Service's imperfections and technical errors, including "bugs" and vulnerabilities of the Service and the Website, for any purposes, ulterior or otherwise.
6.21. The User agrees not to report "bugs" and vulnerabilities of the Service to third parties. The user holds the right only to report such flaws exclusively to the Contractor.
6.22. During the use of the Service, the User is obliged to refrain from using obscene and crude vocabulary, as well as any words and expressions aimed at inciting aggression or discord on any ground, including racial, religious, political and sexual.
6.23. At the time of using the Service, the User is a legally capable and adult individual.
6.24.To use the Service, the user must fully understand all the provisions of these Terms of Service, including all words and all technical terms used in the agreement.