Terms of Service
Please read these terms carefully before using our services. By accessing or using our platform, you agree to be bound by these terms.
Contents
Acceptance of Terms
By accessing or using the SMM Panel website, services, or any applications made available by SMM Panel (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legal agreement between you and SMM Panel.
If you do not agree to these Terms, you must not access or use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
Important Notice:
These Terms include a mandatory arbitration provision in Section 8, which requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Your use of our Services is also subject to our Privacy Policy, which is incorporated by reference into these Terms.
User Accounts
To access certain features of our Services, you may need to create an account. When you create an account, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to:
- Create a strong, unique password for your account
- Notify us immediately of any unauthorized use of your account
- Ensure you log out from your account at the end of each session
- Not share your account credentials with any third party
We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.
Account Types
Individual Accounts
For personal use. Limited to one account per person. May not be used for commercial reselling purposes.
Business Accounts
For commercial use. May be used by multiple authorized users within your organization. Subject to additional terms.
Reseller Accounts
For those who wish to resell our services. Requires approval and is subject to our Reseller Agreement.
API Access Accounts
For programmatic access to our services. Subject to API usage limits and additional terms.
Prohibited Activities
You agree not to use our Services for any purpose that is unlawful or prohibited by these Terms. Prohibited activities include, but are not limited to:
Content Restrictions
- Using our services to promote illegal content, hate speech, or discriminatory content
- Promoting content that infringes on intellectual property rights, including copyright and trademark
- Using our services for adult content, pornography, or sexually explicit material
Technical Restrictions
- Attempting to gain unauthorized access to our systems or other users' accounts
- Using automated scripts, bots, or other software to access or scrape our services
- Attempting to bypass any rate limiting, security measures, or usage restrictions
Business Conduct Restrictions
- Misrepresenting your affiliation with us or falsely implying an endorsement by us
- Engaging in deceptive practices, including making false claims about our services
- Reselling our services without proper authorization or a reseller account
Violation of these prohibitions may result in immediate termination of your account and may subject you to legal liability.
Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by SMM Panel, our licensors, or other providers of such material.
Our Intellectual Property
Our Services are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies in RAM incidental to your accessing and viewing
- You may store files that are automatically cached by your web browser for display enhancement
- You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use
- If we provide social media features, you may take actions as are enabled by such features
Your Intellectual Property
By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content you submit, post, or display on or through our Services.
This license is for the purpose of operating, promoting, and improving our Services. This license continues even if you stop using our Services, but you can end this license by deleting your content or account.
Service Usage
Our Services are designed to help you enhance your social media presence. By using our Services, you acknowledge and agree to the following terms regarding service usage:
Service Availability
We strive to ensure our Services are available 24/7, but we do not guarantee uninterrupted access. We may suspend access to our Services, without notice, for maintenance, updates, or due to circumstances beyond our control.
Service Quality
While we make every effort to provide high-quality services, we do not guarantee specific results from using our Services. The effectiveness of our Services may vary based on numerous factors, including but not limited to:
- The quality and appeal of your social media content
- Changes to social media platform algorithms and policies
- Your target audience's preferences and behaviors
- Competitive factors within your niche
Service Limitations
Please be aware of the following limitations:
- We may impose usage limits on certain features, and these limits may change at our discretion
- Orders may be delayed or canceled if they violate the terms of service of the respective social media platforms
- We cannot guarantee that engagement provided through our Services will not be removed by social media platforms
- Refunds are provided in accordance with our Refund Policy and are subject to certain conditions
By using our Services, you agree to comply with all social media platforms' terms of service. We are not responsible for any actions taken by social media platforms against your accounts as a result of using our Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMM PANEL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage
In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing or using our Services during the twelve (12) months preceding the claim.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMM PANEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE CONTENT PROVIDED THROUGH OUR SERVICES IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS.
Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Termination by Us
We may terminate or suspend your access to our Services in the following circumstances:
- If you violate any provision of these Terms
- If you engage in any prohibited activities
- If you fail to pay any fees or charges when due
- If we believe, in our sole discretion, that your use of our Services poses a risk to SMM Panel, other users, or third parties
- If required to do so by law or in response to a legal request
- If we decide to discontinue all or part of our Services
Termination by You
You may terminate your account at any time by contacting our support team or using the account deletion option in your account settings. Upon termination, your right to use our Services will immediately cease.
Effects of Termination
Upon termination of your account:
- Your access to our Services will be immediately revoked
- Any pending orders may be canceled without refund
- Your account data may be retained for legal and business purposes
- You remain liable for any outstanding payments or obligations
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution
Mandatory Arbitration
Any dispute arising from or relating to these Terms or our Services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in San Francisco, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Notwithstanding the foregoing, you agree that SMM Panel may seek injunctive or other equitable relief in any state or federal court having jurisdiction to protect its intellectual property rights.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date.
Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services.
Notification of Changes
We may notify you of significant changes to these Terms in one or more of the following ways:
- Posting a notice on our website
- Sending an email to the address associated with your account
- Displaying a notification when you log in to our Services
- Including a notice in our regular newsletters
If you have any questions about these Terms, please contact us at [email protected].