Terms and Conditions

Terms of Service

The site www.socialgenio.com (referred to as the Site) is the property of SUNSTONE CAPITAL S.R.L, located at STR. AVIATOR TRAIAN VASILE, NR.67, Romania, phone 0749 118 133.

Use of this site implies acceptance of the Confidentiality Policy and terms and conditions below.

This document, through its content, makes available to third-party users the Terms and Conditions of Use of the Site.

The use of the site (including access, navigation, and purchase of products on this site) constitutes an implicit agreement to comply with the terms and conditions outlined in this document with all the implications and consequences.

Site content and intellectual property rights

The entire content of the site: images, texts, graphics, symbols, web graphics, emails, scripts, programs, and other data – is the property of the company and is protected by the Copyright Act (Law No. 8 / 1996) and laws on intellectual and industrial property. Use of any of the items listed above without the Company’s approval is punishable under the applicable law. Under copyright law, if you suspect a violation of certain intellectual property rights, please contact us at [email protected]

The content of this site may not be used, reproduced, distributed, transmitted, displayed, for purposes other than those expressly permitted by law. The extraction of any information followed by any use for commercial purposes beyond the scope of the private copy regulated by law or for sale or licensing and without first having written consent of the owners of the property rights constitutes a breach of the terms and conditions.

Except where otherwise stated, all names, logos, trademarks, service marks, trade names are the property of SOCIAL GENIO  and may not be used by anyone for any purpose without our written consent previous.

Applicable law

By using the site, the user agrees that the Romanian laws will govern the Terms and Conditions of Use and any dispute of any kind that may arise between users and site administrators. In the event of any conflict, first, try to solve it amicably, and if an amicable settlement is not possible, the conflict will be settled in court, by the Romanian laws in force.

Site Administrator reserves the right to modify the content of this Agreement at any time, subject to prior notice by the persons who use it.

Users will have permanent access to terms and conditions of service so that they can consult at any time.

Payments& Refunds

Unless alternative agreements are agreed, all payments are taken in advance for the upcoming month via pre-approved Direct Debit through our partner Stripe. Upon sign-up, clients enter into a monthly rolling agreement and payments will be taken on the same day every month until the client cancels the agreement in writing. 

The first payment will be taken within 5 working days of sign-up, and on the same day (or around this date) every month thereafter. Clients must write to Social Genio at least five working days before their next payment is due if they’d like to cancel, or will be liable to pay the next month’s payment before their service terminates. If payment is not received for the upcoming month for whatever reason, content is immediately suspended until the payment is received.

Note that the payment date and content start date may differ – we might start posting content on January 1 but not receive payment until January 6 or vice versa depending on your responsiveness to our initial content draft. Social Genio must receive a written request to cancel on whichever date is first (payment due or the start of your next content cycle) or you will be liable to pay for the following month once we begin producing content.

Social Genio does give you a refund – 30 days money-back guarantee for the first month.  Once the payment has been taken for the upcoming month, we assume you want to continue working with us and begin preparing the month’s content. If we didn’t start to work for you or your account is not active and you will decide to cancel your subscription from your client account within 30 days you will receive your money back.

If we start working for you or your account is active and you decide to unsubscribe from your customer account, there will be no refund for the remaining period of that month.

 Communication

Social Genio aims to respond to all client inquiries within 24 hours during weekdays. Our office is not manned on Saturday or Sunday and an agent will respond as soon as possible the next working day.

During busy periods, it may take us a little longer to respond to your emails. We recommend adding an ‘urgent’ or ‘important’ tag to your subject line if you need help immediately, and we’ll make sure these emails are dealt with as a priority. Please note: Social Genio is not liable for damages or loss of earnings should we take more than 24 hours to respond. You retain ownership and liability of your social media accounts in all circumstances.

Social Genio provides customer service via email, video call, Whatsapp, and in your client account. Our primary communication channel is email and so all official correspondence should be sent to [email protected] or your dedicated account manager’s address. We cannot guarantee that correspondence sent elsewhere will be read or dealt with promptly, so ensure anything important makes its way to our mailboxes first.

Social Genio is happy to offer customer service to reseller clients’ customers, but this is available on a case-by-case basis and is offered only when time permits. Unless agreed prior, reseller clients should handle client contact and liaise with their Social Genio account manager to relay messages.

Copyright& Ownership

All content created by Social Genio for clients (including videos and images) is copyrighted to the account holder unless otherwise stated. However, Social Genio reserves the right to reuse and repurpose content (unless the client holds ownership – for example, photography and video) for other client accounts and projects. Examples include graphics templates that can be repurposed with different colors, fonts, and images. If Social Genio is tasked with opening new social media accounts for a client, the client gains ownership as soon as the login information is handed over to them.

We only use stock videos & images for content creation, as well as custom graphics. We strongly advise customers to upload their own photos to create real social media content based on them. If no photos are provided, in some industries such as beauty, restaurants, hotels, the posting plans will significantly reduce its impact on your audience feed.  

Client Responsibilities

As a client, it is your responsibility to monitor comments and messages sent to your accounts. On some plans, we may respond to client comments, if necessary, although questions we cannot answer will be left for the account holder to monitor. We do not send emails alerting you to new comments or tweets unless important, so you should monitor your accounts regularly. It is also your responsibility to respond promptly to our e-mails and to notify us of any information required to carry out the plans, which you must provide at least five working days in advance.

We only post if we have your approval in the client account.

 The maximum number of revisions for all Social Genio services is 2 revisions for each post, Post Calendar / Ads Plan / Articles or Copywriting services. It is also your responsibility to add revisions and changes within 5 business days of the date the plan was published. Otherwise, Social Genio will not be required to implement the revisions and revert to the plans.

As a customer, it is your responsibility to respond promptly to our emails and to notify us of any changes to your business or brand offerings and to give us at least five business days notice to cancel. Social Genio subscription.

 Reseller Conditions

As a reseller with Social Genio, we are happy to sign non-disclosure agreements that prevent us from disclosing or contacting your clients for a period of up to two years. However, Social Genio is not liable for any accidental “leak” of information about our work on their social handles, including linking admins and editors back to Social Genio. It is the reseller’s responsibility to mask Social Genio from your offering and remove any branding or references from promotional materials or emails sent in our correspondence. If offering customer service to your clients, we’ll require a dedicated mailbox that is not linked to Social Genio. However, if a client was to research and discover that Social Genio was managing their account, we would not be liable for this.

As a reseller, you must also follow our payment terms – whether you invoice clients in advance or take payments at the end of the month, you must pay via Direct Debit in advance for every client.

Your Personal Data

Social Genio carefully complies with the General Data Protection Regulation (GDPR) and other data protection laws. Clients agree that Social Genio may put their named and other details obtained from our emails and telephone conversations into a directory for internal use and to enable Social Genio to provide our service. All data supplied by any customer of Social Genio is held under our current privacy policy. Sensitive information – such as social media log-in information and passwords – is encrypted and stored behind two-factor authenticated password managers – although Social Genio cannot be held responsible for passwords or sensitive information sent in emails. 

User Registration 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We reserve the right to select customers

 User Representations 

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).

Social media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Third-Party Websites& Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third- Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party 

Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. 

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Term& Termination

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications& Interruptions 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Corrections 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer 

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. 

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. 

The photos that we use for creating content for the clients are stock photos, we recommend that any industry have professional photos and materials so we can use that instead of stock photos. the prices on the site do not include vat.

Limitations of liability 

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will always be limited to the amount paid, if any, by you to us during the three (3) month period before any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

Electronic communications, transactions, and signatures 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us under having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

If you have any questions or concerns about these terms of use, do not hesitate to contact us at [email protected]