Terms of Services
Last updated: May 16th, 2018
These Terms of Service (“Terms”, “Terms of Service”) govern your (User's) relationship with http://www.brainyloft.com website, http://www.inflowagency.com website, http://www.growfetch.com website, http://www.growfet.ch website, http://www.linkonbio.com website, http://www.linkon.bio website, http://www.mingglr.com website, http://www.spaycerocket.com website, and http://www.volumefy.com website email and the Volumefy mobile applications (the “Service”) operated by Volumefy LLC. (“us”, “we”, or “our”).
Please read these Terms of Service carefully before using our website and Volumefy mobile applications mobile application (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Volumefy software will work based on the parameters you input. Due to constant software, terms of service and API updates by the different social networks, Volumefy cannot guarantee the integrity of every feature or the accuracy of campaign results whether successful or failed. Features like speed and content may be throttled or limited by the respective social networks based on location or frequency of use. Even though we have never experienced any major issues with any account, it needs to be said that we are not liable for any loss, suspension, damage, or damaged reputation to any person, business or their account. If you sign up for any service on this website or app, you agree to these terms as well as to indemnify Volumefy, it’s parent company and all parties involved from any legal action.
You agree to use our service at your own risk.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Volumefy cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Volumefy customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Volumefy with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Volumefy to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Voluemfy will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Volumefy until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Volumefy. reserves the right to (i) modify the Terms and Conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Managed Services, Managed Services Plus and Pods
Managed Services, Managed Services Plus and/or Pods “Features” or "Speed" or “Storage” are based upon where or when available. Managed Services, Managed Services Plus and/or Pods “Features” or "Speed" or “Storage” can be throttled or capped by Volumefy at any time to maintain the integrity, availability and functionality of your account.
You might start seeing results immediately for some of our services however we will require your username, password and verification for some of our core features to operate correctly.
Using your username and password to login will allow Volumefy, Volumefy AI, Volumefy Bots and/or Volumefy Staff to manage your account. Some actions may be automated.
These actions may include following, subscribing, friending, liking, viewing and commenting on post and/or content based on the parameters set by user when signing up or thereafter. Volumefy reserves the right to optimize your account outside of these parameters set by user for the best results.
Using the Volumefy Managed Services, Managed Services Plus and/or Pods dataframe algorithm users can login to groups or pods with their username and password for the platform being automated. Volumefy will then automate the users to interact only with other users in that pod with follows, likes, commenting and other engagement.
There is a one to two (1-2) business day setup time and you have up to two (2) business days to ask for a full refund after that we have a no refund policy.
By joining Volumefy you agree that all monetization done through and related to your Instagram account will be done through Volumefy as your representing agent.
By submitting payment or your information, you are signing up for a subscription service to be billed monthly from the date you use our service.
Volumefy, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Volumefy, will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We have a strict no refund policy. Except when required by law, paid Subscription fees are non-refundable. However certain refund requests for Subscriptions may be considered by Volumefy on a case-by-case basis and granted in sole discretion of Volumefy.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting, uploading or otherwise submit Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, upload or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading or submitting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Volumefy and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Volumefy or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Volumefy.
Voluemfy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Volumefy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. You may cancel your subscription at any time by emailing firstname.lastname@example.org.
You agree to use our service at your own risk.
Volumefy is not responsible for any loss, suspension or damages to anyone that uses our service.
You agree to indemnify, defend and hold harmless Volumefy, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Voluemfy, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Volumefy makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Volumefy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Volumefy chooses not to immediately act, or chooses not to act at all, Volumefy will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Volumefy does not waive any of its rights. Volumefy shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us at email@example.com.