Terms of Service for ActionSMM

Welcome to ActionSMM ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, content, and tools ("Services"). By accessing, browsing, or using the Services in any capacity, you agree to be bound by these Terms. This agreement is a legal contract between you and ActionSMM, and if you do not agree with any part of these Terms, you should refrain from using our Services.

This Terms of Service agreement applies to all users of our Services, including but not limited to visitors, clients, businesses, marketers, content creators, and any other individuals or entities accessing the Services. We reserve the right to modify these Terms at any time without notice, so please review them periodically.

a. Eligibility Requirements
By using the Services, you represent and warrant that:
You are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater.
You have the full legal authority to enter into binding contracts.
You will comply with these Terms and all applicable laws, rules, and regulations.
You are not prohibited from accessing the Services under any applicable laws or regulations.
If you are using the Services on behalf of a company, organization, or legal entity, you represent that you have the authority to bind such entity to these Terms.

By accessing or using our Services in any manner (e.g., browsing the website, creating an account, purchasing a service, or interacting with us), you acknowledge that you have read, understood, and agree to these Terms in full. If you do not agree to all the Terms, you may not access or use any part of the Services.

ActionSMM offers a range of services focused on social media management, content creation, digital marketing strategies, and advertising solutions designed to enhance our clients’ online presence. These services include, but are not limited to:

• Social Media Management: Curating and posting content across social media platforms (e.g., Facebook, Instagram, LinkedIn).
• Social Media Strategy: Developing strategies that align with business goals to improve social media engagement.
• Paid Social Media Advertising: Creating and managing ad campaigns on platforms like Facebook Ads, Instagram Ads, and others.
• Influencer Marketing: Connecting businesses with social media influencers to promote products or services.
• Content Creation: Developing original content, including graphics, photos, videos, and blog posts for social media.
• Analytics and Reporting: Providing in-depth analytics and performance reports on social media activities.
• These Services may be customized based on the specific needs of each client, and we may update, enhance, or modify the Services at any time.

a. Creating an Account
To access certain features of our Services, such as managing social media accounts or placing orders, you may be required to create an account. When registering for an account, you agree to provide accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials (username, password) and for all activities that occur under your account.

b. Account Responsibilities
You agree to:
Ensure that the information you provide during registration is truthful, accurate, and complete.
Maintain and promptly update your account information to keep it accurate and current.
Protect the confidentiality of your account credentials.
Notify us immediately of any unauthorized use of your account or any other breach of security.
Refrain from impersonating another person or misrepresenting your identity in any manner.
We reserve the right to suspend or terminate your account if we believe that any information you have provided is false, misleading, or violates these Terms.

By using our Services, you agree to the following:

a. Prohibited Uses
You will not:
Use the Services in any way that violates applicable laws, regulations, or the rights of third parties.
Engage in any conduct that is fraudulent, harmful, abusive, or otherwise objectionable.
Use the Services to distribute spam, unsolicited promotional content, malware, or harmful code.
Engage in any activity that disrupts or interferes with the proper functioning of the Services.
Attempt to gain unauthorized access to any part of the Services or related systems.

You agree that you will not:
Copy, reproduce, distribute, or create derivative works based on the content or materials provided by ActionSMM without our prior written consent.
Use our trademarks, logos, or other proprietary information without permission.
Content and materials provided as part of our Services are protected by intellectual property laws, including but not limited to copyright, trademark, and trade secret laws.

a. Pricing and Payment Terms
The fees for our Services are detailed in the agreements, contracts, or pricing plans you enter into with us. Payments for Services must be made as agreed, whether upfront, recurring, or upon completion of milestones, depending on the service plan selected.
Accepted Payment Methods: We accept major credit cards, bank transfers, or other specified payment methods.
Payment Timing: Payments are due upon the agreed-upon dates or according to the invoicing terms outlined in your agreement with us.
Failure to make timely payments may result in service interruptions, account suspension, or termination.

b. Late Payments
If you fail to make payments by the due date, we may charge interest on overdue amounts at the rate specified in your contract or the maximum amount allowed by law. You are also responsible for any collection costs and legal fees incurred in recovering unpaid amounts.

c. Refund Policy
Unless otherwise stated, all fees for our Services are non-refundable. If you are not satisfied with our Services, please contact us, and we will work with you to address your concerns. However, refunds will only be granted at our sole discretion or as required by applicable law.

a. Third-Party Integrations
Our Services may include third-party tools, applications, or integrations that are not operated or controlled by us (e.g., social media platforms, ad networks, analytics providers). We make no warranties or representations regarding the performance, reliability, or functionality of these third-party services.

b. Third-Party Links
Our website or services may include links to third-party websites. These links are provided for your convenience, and we do not endorse or assume responsibility for the content, privacy policies, or practices of third-party websites. If you choose to access third-party links, you do so at your own risk.

a. Ownership of Intellectual Property
All content, designs, and materials made available by ActionSMM in connection with the Services, including but not limited to text, images, graphics, logos, videos, and software, are owned by or licensed to us. All rights, titles, and interests in and to the intellectual property remain with us.

b. License to Use
We grant you a limited, revocable, non-exclusive, non-transferable license to use our Services and access the content solely for the purposes of using the Services as intended. This license does not grant you any ownership rights to the intellectual property.

c. User-Generated Content
If you submit content (e.g., reviews, comments, feedback) to us, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, modify, distribute, and display such content in connection with the Services. You represent that you have the necessary rights to submit the content and that it does not infringe on any third-party intellectual property rights.

a. Confidentiality
During the course of providing the Services, we may share confidential information with you, and you may share confidential information with us. Both parties agree to keep all non-public information confidential and not disclose it to third parties without prior written consent, except as required by law.

b. Data Privacy
We are committed to protecting your personal information and complying with data protection regulations. Our Privacy Policy explains how we collect, use, and safeguard your personal data. By using our Services, you agree to our data collection and usage practices as described in the Privacy Policy.

a. Disclaimers
Our Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:
The Services will meet your specific requirements or expectations.
The Services will be uninterrupted, error-free, or completely secure.
Any errors in the Services will be corrected.

b. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities arising from your use of the Services.
Our total liability for any claim arising out of or related to these Terms or the Services shall not exceed the amount paid by you to us for the Services in the twelve (12) months preceding the claim.

c. Indemnification
You agree to indemnify, defend, and hold harmless ActionSMM, its affiliates, directors, employees, and agents from and against any claims, damages, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Services.
Your violation of these Terms.
Your violation of any third-party rights, including intellectual property rights or privacy rights.

a. Termination by You
You may terminate your use of the Services at any time by providing us with written notice. Termination of the Services does not relieve you of your obligation to pay for any Services rendered before termination, nor does it entitle you to any refund of fees already paid, unless otherwise agreed in writing.

b. Termination by Us
We may suspend or terminate your access to the Services, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or unlawful activity, or failed to make payments. Upon termination, your access to the Services will immediately cease.

a. Governing Law
These Terms are governed by and construed in accordance with the laws of Ogun State, without regard to its conflict of law principles.

b. Arbitration
If a dispute arises between you and ActionSMM, we agree to first try to resolve it informally. If informal resolution fails, the dispute shall be submitted to binding arbitration under the rules of the Ogun State courts in Ogun State, Nigeria. The arbitration will be conducted confidentially by a single arbitrator.

c. Waiver of Class Actions
You agree that any disputes will be resolved individually, and you waive any right to participate in a class action lawsuit or class-wide arbitration.

We may modify or revise these Terms at any time by posting the updated version on our website. You should periodically review these Terms to ensure you are familiar with the current version. By continuing to use the Services after changes to the Terms are posted, you agree to be bound by the updated Terms.

a. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

b. Entire Agreement
These Terms, along with any additional agreements you may enter into with us, constitute the entire agreement between you and ActionSMM with respect to the Services and supersede all prior or contemporaneous communications.

c. Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If you have any questions, concerns, or comments about these Terms, please contact us using the information below:
Facebook: https://web.facebook.com/actionsmm
Instagram: https://www.instagram.com/actionsmmng/
LinkedIn: https://www.linkedin.com/company/actionsmm-com-ng/
X(Formerly Twitter): https://x.com/actionsmm
Address: 16, Glory Crescent, Opic Road, Off Lagos/Ibadan Expressway, Loburo, Mowe 110115