Terms and Conditions

Introduction & Scope.

Welcome to Hacksocial’s Terms and Conditions. By accessing or using our website www.hacksocial.ai, its mobile optimized versions (the “Site”) and our Google Chrome extension (collectively referred to as the “Services”) you agree to be bound by the following terms and conditions of use (the "Terms"). Please read these Terms of Use carefully before using our website and applications. If you do not agree to these Terms of Use, do not use our website and applications.

This is a legal engagement which sets out the terms and conditions by which Hacksocial team, officers, owners and/or agents (hereinafter referred to as “Hacksocial”) will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’.

The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Hacksocial and/or our affiliates, assignees, successors and/or brands. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

User Agreement & Acceptance.

By accessing our Site and using our Services, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations. By using our Site, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions

You may use our Site and Services applications for lawful purposes only. You may not use our Site and Services in any way that violates any applicable local, state, national, or international law or regulation.

If you are using our Site in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.

Services Offered.

Our Services include an AI assisted social media assistant which uses third party artificial intelligence platforms offering large language models that can analyze and process user queries and then generate interactive responses in real time; thereby improving the conversion rate of users that land on a product detail page using AI to dynamically reshuffle the order of products for different users with the goal of increasing conversion rate.

User Consent.

Hacksocial does not knowingly provide its Services to persons: (i) under the age of thirteen (13); (ii) that have had their account previously disabled for violations of our Terms or Privacy Policy; (iii) that are otherwise prohibited from receiving our products, Services, or software under applicable laws.

If you are under the age of eighteen, you may access Hacksocial and our Services only under the direct, express and unequivocal supervision of your parent or legal guardian. In compliance with the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 ("COPPA"), if we learn or have reason to suspect that any user or that any client, project or customer data appertains persons under the age of thirteen (13), we will freeze and/or delete any PI under that user’s account, without prior notice and without responsibility.

Users are prohibited from providing Hacksocial with personally identifiable information of persons under the age of thirteen (13) without the consent of their parents or legal guardians. Hacksocial does not knowingly collect any kind of information from any person under the age of thirteen (13).

We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.

User Support.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.

Please keep in mind that you may need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.

User Code of Conduct.

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Republish, sell, rent or sub-license content or materials from the Site without our authorization.
Reproduce, duplicate or copy material from the Site without our authorization.
Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
Undertake any action that will or may cause an unreasonable load on Hacksocial’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Hacksocial.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to Hacksocial and our Services.

Content Moderation.

Hacksocial encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

Our Services may incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums in which you or other users may post user generated content (e.g. reviews, messages, videos, selfies, posts and other content). We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.

Particularly for streaming events, there will be a list of attendees displayed in our member events. This is important so that our users may know if other people are registered for the events which are between members. There may be the case where few or no other members elected to enter the channel, thus our users are always free to enter and leave any stream.

Hacksocial hereby disclaims any and all responsibility for what happens in any public group meetings (e.g. Whatsapp and telegram groups). Since we use third party platforms open to the public, there may be no real-time content moderation by Hacksocial or the platform or other users. Hacksocial expects that its users will behave with courtesy and common sense, but notwithstanding, if something offensive, uncomfortable or otherwise objectionable happens, any member can leave the chat or video call immediately and report the problem to Hacksocial.

Hacksocial has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) within the Site in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.

No Spam Policy.

We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. In compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, we will not tolerate, and we will not allow others to undertake though our Services or Hacksocial, any and all massive delivery of unsolicited bulk communications to our users or to any third party.

Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.

Newsletter Policy.

Intellectual Proprietary Rights.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Hacksocial and the Services are the property of or otherwise are licensed to Hacksocial and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in Hacksocial or our Services, in whole or in part.

User Licences.

Limited License. Hacksocial grants you a limited, non-exclusive, revocable, royalty free and non-transferable licence to utilize and access Hacksocial Google Chrome Extension. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using our Services, in whole or in part. Hacksocial does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.

Feedback Licence. You hereby grant Hacksocial an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Hacksocial regarding Hacksocial Google Chrome Extension, the Site and the Services.

Digital Millennium Copyright Act (‘DMCA’) Notice.

In compliance with the DMCA, we inform you that Hacksocial is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing. For more information, including detailed information about how to submit a request for takedown if you believe content on Hacksocial infringes your intellectual property rights, please contact us. You can review the current DMCA text at the U.S. Copyright Office website.

Hacksocial takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on Hacksocial upon due notice and request by the title holder.

The following procedure will apply for any content displayed through Hacksocial that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: "Takedown Request". Once received, Hacksocial will study and consider your claim and, if it believes or has reason to believe any content on Hacksocial infringes on another’s copyright, Hacksocial may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.

To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Hacksocial and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.

No Endorsement.

Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is delivered by external third parties, and does not reflect Hacksocial’ opinions, nor do Hacksocial, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

Changes to the Services.

Hacksocial reserves the right to modify these Terms at any time without notice to you. Any modifications will be effective immediately upon posting on our Site. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Privacy Policy.

Disclaimer of Warranty.

Our Site and Services are provided on an "as is" and "as available" basis. Hacksocial makes no representations or warranties of any kind, express or implied, as to the operation of our Site and Services or the information, content, materials, or products included on our Site and Services. To the full extent permitted by law, Hacksocial disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

No Damages.

In no event shall Hacksocial, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of Hacksocial or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Hacksocial, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability.

If a user suffers loss or damage as a result of Hacksocial’ negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount paid to you by us for your use of the Services in the six month period immediately preceding the events giving rise to the claim (if any).

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

General Terms.

Accuracy. We strive to provide accurate and up-to-date information on our Site and Services. However, we cannot guarantee the accuracy, completeness, or reliability of the information provided. The use of our Site and Services is at your own risk, and you should not rely on the information provided for personal or other commercial decision-making purposes.

Assignment. These Terms will inure to the benefit of any successors of the parties. Any rights not expressly granted herein are thereby reserved. These Terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Hacksocial’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Entire Agreement. These Terms of Use constitute the entire agreement between you and Hacksocial with respect to our website and applications and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Equitable Remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Hacksocial will be irreparably damaged, and therefore you agree that Hacksocial shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Force Majeure. Hacksocial is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Hacksocial’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Interpretation. In understanding or interpreting the terms of these Terms: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.

Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

Links to Third-Party Websites. Our Site and Services may contain links to third-party websites. These links are provided for your convenience only and do not constitute an endorsement by Hacksocial of the content of such websites. Hacksocial is not responsible for the content of any linked websites and makes no representations or warranties regarding the accuracy or completeness of the information contained on such websites. Your use of any linked websites is at your own risk.

No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.

No Waiver. Failure by Hacksocial to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Hacksocial are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Dispute Resolution.

Applicable Law. You agree to submit to the applicable laws in the State of Nevada, United States of America, which will govern these Terms and any claim, without regard to conflict of law provisions.

Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the City of Henderson, State of Nevada, United States of America.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

Class Action Waiver. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in these Terms, this Class Action Waiver does not prevent you or Hacksocial from participating in a class-wide, collective, and/or representative settlement of claims.

Contact

If you have any questions or queries about us, Hacksocial, our Services or these Terms, please contact us as indicated on our Site. Note that communications made via email or the “Contact Us” page does not constitute legal notice to Hacksocial’ legal entity.

Date of last effective update is April 26, 2023.