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Terms and Conditions

GENERAL TERMS AND CONDITIONS

  1. APPLICABILITY These general terms and conditions (the ”Terms”) set forth the provisions that apply for (i) the services (the ”Services”) offered by Social Jam AB (”Social Jam”, ”we” or ”us”) in accordance with the applicable order form (the ”Order Form”) and (ii) all information (regardless of form or type) which is sent, published, spread or otherwise transferred to or through the Services, by or on behalf of you (the ”Content”). In these Terms, ”you” or ”your” means the legal entity that has entered into the Order Form. The Terms and the Order Form (together the ”Agreement”) apply to all agreements between you and Social Jam concerning the Services. If any of the provisions in the Terms is in conflict with any of the provisions in the Order Form, the provisions in the Order Form shall apply. You hereby approve that your rights and obligations concerning the Services are governed by these Terms and you undertake to comply with them.

  2. SCOPE OF THE SERVICES The Services are provided as a Software as a Service (SaaS) and the main scope of the Services that are provided to you is stated in the Order Form. Social Jam however reserves the right, from time to other, to change the design and content of the Services without any notice thereof. You are responsible to maintain the hardware, software and internet access, which is required to use this service.

  3. ACCESS TO THE SERVICES The Services shall be used only by you and your authorised representatives. You shall only use the Services in accordance with the Agreement, applicable law and such instructions that are provided by Social Jam from time to other. You shall not attempt to access the source code in any software included in the Services by, for example, decompilation, decrypting or any other similar measure. You shall protect your passwords so that no one can access your online account at Social Jam. This incudes that you shall, inter alia, (i) protect computers and other media carriers where a password is stored or used, (ii) choose a password which is not easy to figure out, and (iii) keep the password secret and not write it down in a manner or at a place in which it that can be connected to the account. You shall immediately inform Social Jam if you suspect that any unauthorized has gained access to your password or your account. Social Jam reserves the right, at any time, to suspend your access to the Services if Social Jam deems, or has reasonable grounds to suspect, that you have violated these Terms or that there is a security risk.

  4. USING THE CONTENT By collecting, sending, publishing, spreading or otherwise transferring the Content to or through the Services, you warrant that you have the right to take such measures concerning the Content (or parts thereof) and that you have the necessary consents from third parties, including that Social Jam’s use of the Content in accordance with the Agreement does not violate any agreement, law or third party right, for example intellectual property rights and data protection laws. By collecting, sending, publishing, spreading or otherwise transferring the Content to in through the Services, you further grant Social Jam a non-exclusive, transferable and sub-licensable, fully paid right to use the Content (or parts thereof) in order for Social Jam to fulfil its obligations under the Agreement. You hereby accept that you are solely responsible for all losses and damages and/or claims made by third parties that arise from your use of the Content. You shall further indemnify and hold Social Jam harmless from all claims made by third parties in connection to the use of the Content.

  5. INTERRUPTIONS, ERRORS ETC. You are aware that maintenance, upgrades, ”bugs” and other planned and unplanned causes or circumstances may lead to interruptions or errors in the Services and you accept that your use of the Services may be subject to such interruptions and errors. You further agree that the content of the Services is created by its users and that the Services, as most internet based services, are exposed to different security risks. We are working actively, and take reasonable measures, to keep our services available, secure and error free. Our system and its database are placed in Google Cloud Storage Solutions. Google Cloud Storage is ISO/IEC 27001 Compliant. The following specific security protocols are in place Automated backups, on-demand backups, and point-in-time recovery. Customer data encrypted on Google’s internal networks and in database tables, temporary files, and backups. Support for secure external connections with the Cloud SQL Auth Proxy or with the SSL/TLS protocol. Support for private IP (private services access). Data replication between multiple zones with automatic failover.

  6. AGREEMENT TERM AND TERMINATIONS The Services commence on the date of subscription that is stated in the Order Form, and will continue until the end of the subscription which is stated in the Order Form. If neither party provides a written termination to the other party at least 90 calendar days before the expiry of this initial term (or the expiry of any subsequent term, if the Agreement has been prolonged pursuant to this section), the agreement term shall without notice immediately and automatically be prolonged with a period of 12 months, if the parties in writing have not agreed otherwise. In addition to the above, Social Jam may terminate the Agreement if you: (i) materially breaches the Agreement, or on several occasions breaches your obligations under the Agreement and (if such breach can be remedied) do not remedy such breach within 30 calendar days after a written notification thereof; or (ii) are declared bankrupt, initiate negotiations for composition, cancel your payments, apply for business reconstruction or otherwise may be deemed to be at risk of becoming insolvent. Upon the expiration of the Agreement (regardless of the cause thereof) you have no right to use the Services. After the expiration of the Agreement, Social Jam will save the Content in the Services for a period of 14 days, thereafter it will be deleted. Social Jam has no obligation to export or in any other way make the Content or any other information available to you after the expiration of the Agreement.

  7. INDEMNITY You shall indemnify and hold Social Jam harmless from any liability and all claims, losses, damages, costs and expenses (including reasonable attorney fees) which Social Jam incurs or suffers as a result of (i) your breach of these Terms or (ii) third party claims arising from the Content.

  8. LIMITATION OF LIABILITY Social Jam shall have no responsibility for loss of earnings, loss of profits, lack of savings, loss of use, loss of production, loss of contracts, loss of goodwill, loss of data or other information, third party claims or indirect loss or consequential loss. Social Jam takes no responsibility for that the Services are available at all times or that they are provided without interruption. Social Jam’s aggregate responsibility during a calendar year shall not exceed the sum that you have paid to Social Jam during the same calendar year. Regardless of what is stated above or otherwise in these Terms, Social Jam does not limit its responsibility for damages that Social Jam has caused intentionally or by gross negligence.

  9. FEES AND PAYMENT By ordering a Service, you undertake to pay the fees that apply for the Services (which are stated exclusive of added value tax), as they may be changed from time to time in accordance with section 15. You will be invoiced in accordance with the invoicing frequency and the payment terms stated in the Order Form. If nothing else is stated in the Order Form, the fees will be invoiced in advance. Payment shall be made against Social Jam’s invoice and your payment shall, if nothing else is stated in the relevant contract, be received by Social Jam at the latest 20 calendar days after the invoice date. In case of a late payment or non-payment, Social Jam is entitled to charge penalty interest, and charge reminder fees and compensation for collection and recovery costs. Social Jam is entitled to increase the fees for the Services within 5 percent annually, upon the end of each twelve month period.

  10. FORCE MAJEURE Neither party is responsible for faults or delays in the performance of its obligations to the extent that such fault or delay depends on a cause or a circumstance which the party cannot control, including, but not limited to, interruptions or faults in internet or network, telecommunication, power supply or other infrastructure. (Addition: and if there would be changes in any API rules that would affect the data retrieval).

  11. INTELLECTUAL PROPERTY RIGHTS All content in the Services that are provided by Social Jam such as text, graphics, designs, logotypes, trademarks, software, source code and object code etc., or which is developed by Social Jam in connection to the Services (”Intellectual Property Rights”), is owned or licensed by us. You may not copy, change, modify, further develop, distribute, publish or otherwise access the Intellectual Property Rights (or parts thereof) without our prior written approval. Nothing in this Agreement shall be interpreted as a transfer of any rights whatsoever, except as expressly stated herein. The Services are licensed to you, not sold. During the agreement term you are granted a time limited, non-exclusive and personal right to use the Services against payment. We maintain ownership to all parts of the Services even if certain programs or parts of the Services should be installed on your computer or another device. You shall not transfer, sub-license or in any other way dispose of this license or your rights (or parts thereof) under the Agreement to any third party. The Services may include third party products or components, which are licensed to you in accordance with the terms for these. You will be informed of any such license terms.

  12. THIRD PARTY CONTENT, THIRD PARTY SERVICES ETC. Your access to the Services may depend on the services provided by third parties (for example internet connection, API and mobile phone services). Social Jam is not responsible and assumes no liability for such services or any consequences of errors or delays in such services, and if any third party API rules are changed in such a way that it affects the collection of data. Social Jam furthermore assumes no liability for the content on your website, platform or service, for example any commentary fields or similar user functions concerning the Content.

  13. CONFIDENTIALITY Both we and you undertake to keep confidential any information that may be considered to be the other party’s business or trade secrets (regardless if it is oral or written, electronic or in any other form), if not the disclosing party has given its written consent to anything else. This entails that neither you nor we shall disclose such information to third parties or use such information for other purposes than to fulfil or enforce the Agreement. Both parties must also ensure that those of their employees, consultants and others that we or you disclose such information to comply with this undertaking.

  14. NOTICES AND CLAIMS Any notices concerning the Agreement shall be in writing. Messages to Social Jam shall be sent per mail to Social Jam Unit 2 Altamount Retail Park, Altamount Street, Westport, Co Mayo F28 A318, Ireland, or via email to support@socialjam.ie. Messages to you will be sent to your registered postal address or email address or to such postal or email address that you have stated or used in communication with Social Jam. In order not to lose your right to make any claims under the Agreement any claim shall be made by you no later than 2 months after you have (or should have) discovered the ground for the claim.

  15. AMENDMENTS OF THE TERMS We may amend the Terms for our services, although we will, of course, inform you if this should be at hand. The amendments will enter into force 30 days following such a message to you. Of course you have the right not to approve new amendments and thus terminate the Agreement for the outstanding agreement term.

  16. PERSONAL DATA When you or your authorised representatives use the Services, we save your name and email address in order to handle your and your authorised representatives’ accounts and to allow you access to the Services and to handle the customer relationship. We do not share your personal data to third parties. Social Jam, Reg No: 611965 is the data controller for the processing. You are entitled to, once annually, send us a written request of which of your personal data we process. Such request shall be sent to Social Jam, Unit 2 Altamount Retail Park, Altamount Street, Westport, Co Mayo F28 A318, Ireland. You are also entitled to request that any personal data regarding you that is incorrect, incomplete or misleading shall be corrected.

  17. TRANSFER OF THE SERVICES This Agreement or the Services may not be transferred, assigned or sub-licensed (in whole or partly) without the other party’s prior written consent. Social Jam may, however, in whole or partly transfer or assign the Services and the Agreement to another company. All rights and obligations that apply between you and Social Jam will then instead apply between you and the company that takes over the Services.

  18. REFERENCES IN MARKETING Marketing is an important part of our business and it is therefore important to us that we may refer to our customers in our marketing. By entering into this Agreement you are aware of and approve that we may use for example your company name and logotype or trademark in our marketing, inter alia, on our website. However, if we have reason to assume that you will oppose such reference, we ask for your prior consent before said use.

  19. CONDITIONS FOR AGREEMENT The Services are intended only for companies and organisations. A condition for the Agreement is also that you are deemed creditworthy. Social Jam therefore reserves the right to request a credit review of you.

  20. APPLICABLE LAW AND DISPUTES The Agreement and the relation between you and Social Jam shall be construed and applied in accordance with Irish law without regard to any international private law rules. Any dispute arising out of the Agreement or the relation between you and Social Jam shall be finally settled by public court with Castlebar District Court as first instance.

  21. APPLICABLE LAW AND DISPUTES Fair Usage Policy: Each customer is permitted to store up to 5GB of data on our platform at any given time. Exceeding this limit may result in additional charges or restrictions on usage.