TERMS OF SERVICE

SocialMind

Effective Date: January 1st 2023

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by SocialMind (“we,” “our,” or “us”). By accessing our website, engaging our services, or entering into a service agreement with SocialMind, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use our website or services.

1. Services

SocialMind provides social media management, digital marketing, advertising management, content creation, consulting, and related services.

The specific scope, deliverables, timelines, and fees will be outlined in a separate proposal, agreement, or written communication between SocialMind and the client.

2. No Guarantee of Results

SocialMind does not guarantee any specific outcomes, including but not limited to:

Follower growth

Engagement rates

Lead volume

Sales or revenue

Advertising performance

Marketing results depend on many factors beyond our control, including market conditions, audience behavior, platform algorithms, competition, budgets, and client-provided materials.

By using our services, you acknowledge that results may vary and no outcome is guaranteed.

3. Client Responsibilities

Clients agree to:

Provide accurate, complete, and lawful information

Ensure that all content, claims, offers, and materials comply with applicable laws and regulations

Obtain all necessary rights, licenses, and permissions for content, images, music, trademarks, and data

Review and approve content in a timely manner when required

Maintain access credentials securely

Clients remain solely responsible for their business practices, representations, and compliance obligations.

4. Client Content & Intellectual Property

Clients retain ownership of all content, trademarks, branding, and intellectual property they provide.

By engaging SocialMind, clients grant us a limited license to use, modify, publish, and distribute such materials solely for the purpose of providing contracted services.

Clients represent and warrant that their content:

Is accurate and lawful

Does not infringe on any third-party rights

Does not violate advertising, consumer protection, or platform rules

SocialMind is not responsible for claims, representations, or materials supplied by clients.

5. Third-Party Platforms & Account Risk

SocialMind manages accounts and campaigns on third-party platforms including, but not limited to:

Meta (Facebook, Instagram)

Google

TikTok

LinkedIn

X (Twitter)

YouTube

These platforms operate under their own policies, algorithms, and enforcement practices.

SocialMind does not control these platforms and cannot guarantee account approval, ad approval, reach, impressions, visibility, or continued access.

We are not responsible for:

Account suspensions or bans

Ad disapprovals

Algorithm changes

Policy enforcement actions

Platform outages or restrictions

6. Advertising & Budget Responsibility

Clients are solely responsible for:

Advertising budgets

Payment of platform fees

Taxes, duties, and third-party charges

SocialMind is not responsible for losses arising from advertising spend, platform errors, billing disputes, or budget exhaustion.

7. Confidentiality

SocialMind treats all client information, credentials, strategies, reports, and business data as confidential.

We will not disclose confidential information except:

As necessary to provide services

To trusted service providers

When required by law

Clients agree to maintain the confidentiality of SocialMind’s proprietary methods, pricing, strategies, and materials.

8. Payment Terms

Unless otherwise agreed in writing:

Fees are due according to the agreed schedule

Late payments may result in service suspension

All fees are non-refundable once services have commenced

SocialMind reserves the right to modify pricing with reasonable notice.

9. Termination

Either party may terminate services according to the terms of the applicable service agreement.

Upon termination:

All outstanding fees become immediately due

Access to accounts and materials may be transferred back to the client

SocialMind is not responsible for performance after termination

10. Disclaimer of Warranties

All services are provided on an “as is” and “as available” basis.

SocialMind makes no warranties, express or implied, including warranties of:

Merchantability

Fitness for a particular purpose

Non-infringement

Accuracy or reliability of results

11. Limitation of Liability

To the maximum extent permitted by law:

SocialMind shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities.

In no event shall SocialMind’s total liability exceed the total amount paid by the client to SocialMind during the three (3) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless SocialMind, its owners, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, and expenses arising from:

Content or materials you provide

Your business practices or representations

Violations of laws or regulations

Infringement of intellectual property rights

Use of services in violation of these Terms

13. Regulatory Compliance

Clients are solely responsible for ensuring compliance with all applicable laws and regulations, including:

Advertising laws

Consumer protection laws

Privacy laws

Industry-specific regulations (healthcare, finance, real estate, legal, etc.)

SocialMind does not provide legal, tax, or regulatory advice.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any disputes shall be brought exclusively in the state or federal courts located in Florida.

15. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised effective date. Continued use of our services constitutes acceptance of the updated Terms.

16. Contact Information

For questions regarding these Terms, contact:

SocialMind

Email: [email protected]

Phone: 305-771-5341