1. INTRODUCTION
These contractual terms govern the relationship established between SocialFrick and the Client, who automatically accepts these terms by registering and purchasing the service.
2. OBJECT
The contract concerns the provision of robotic automation actions on the Instagram social network to the Client, as detailed below (hereinafter referred to as the “Service”).
3. MODES
The Service can be activated in four different ways:
1) “Trial”
2) “Basic”
3) “Premium”
4) “Agency”.
4. DESCRIPTION OF SERVICE MODES
All service modes include robotic automation of actions related to liking and/or viewing Instagram stories, interactions with posts (likes, comments), automatic sending and responding to private messages, and other actions based on the chosen package, performed by the client’s connected profile. The “Agency” package is reserved for resellers, and its availability, associated functionalities, and price may vary at SocialFrick's discretion based on various factors, such as the number of connected profiles. This package can only be activated by the client after an agreement with SocialFrick.
5. TARGET
The customer sets the target based on the information provided during the completion of the control form, using examples such as usernames, hashtags, or locations. The selection will also be automated based on algorithms, so SocialFrick cannot be held responsible for any deviations from the target.
6. LIMITATION OF LIABILITY
The customer acknowledges that the system, while not constituting unauthorized access to computer systems or any other crime under state laws, violates Instagram's rules and terms of service. Therefore, the customer assumes full responsibility for using the Service as a tool to enhance their profile. The customer also acknowledges that, although the system perfectly emulates human actions and allows for the automation of entirely legitimate behaviors, it may face suspension or even permanent closure of their Instagram account by Instagram, assuming full responsibility and risk. In such cases, the customer is still obligated to pay for the current period until expiration but may request termination and will no longer benefit from automatic renewal.
7. PASSWORD
For the Service to function correctly, the customer must access their profile using their password. SocialFrick commits to encrypting the password according to EU Regulation 2016/679 and not using it for other purposes. The customer understands that if they change the Instagram profile password or modify two-factor authentication settings, the service cannot be provided until the customer logs in again, resulting in automatic suspension until reconnection.
8. OBLIGATION OF MEANS
SocialFrick provides a fully automated service based on the customer's instructions. SocialFrick is committed to making efforts but does not guarantee results. Therefore, the lack of results compared to the examples on the website does not constitute a breach of contract by SocialFrick. The customer understands that various external factors beyond SocialFrick's control contribute to achieving the desired results.
9. COMPENSATION
Under this contract, SocialFrick agrees to provide the Service specified by the client upon payment.
10. ACTIVATION
The Service is provided to the customer automatically upon purchase. For this reason, the customer agrees to forfeit any right of withdrawal as the Service falls under the category of Digital Downloads/Services according to the Consumer Code. The customer is responsible for connecting their Instagram account to the platform, configuring, and activating the service. Delays in these actions will not be considered as delays in the activation of the service.
11. DURATION AND RENEWAL
This contract is valid following the client’s purchase and will automatically renew for 30 days at the rate of the selected package unless canceled according to the procedure outlined in Section 15. The duration will be 365 days if the client selects the "Annual" option. Upon expiration of the contract, it will automatically renew for a duration equal to the previous period.
12. CUSTOMER TERMINATION
The customer may request termination and immediately stop the service at any time. However, if the customer withdraws before the agreed expiration date, they are still legally obligated to pay the full applicable amount for the unused service period.
The customer can withdraw from automatic renewal at any time free of charge via the "Manage Subscription" button in the "Profile" section of their personal Dashboard. This button will direct the customer to their Stripe Customer Portal, where they can cancel their subscription before the next automatic renewal date, and the subscription will be considered automatically canceled by Stripe only if the customer has completed this procedure.
After cancellation, the service will be immediately terminated by SocialFrick, and the package will not remain active until the previously agreed expiration date.
If the customer decides to re-subscribe to the service after cancellation, SocialFrick will charge a reactivation fee, automatically added to the price of the new selected package. If the customer lacks funds to pay this fee, SocialFrick reserves the right to suspend the service until full payment is made, and no refund will be issued in such cases.
If an automatic renewal fails because the customer’s bank declines the payment or the customer lacks sufficient funds to complete the transaction, that subscription is immediately automatically canceled, resulting in the automatic addition of the reactivation fee to any subsequent subscription by the customer.
If an Instagram profile is additionally associated with an expired Dashboard in the system, payment of this reactivation fee will be required to disconnect it from that Dashboard and subsequently use it on a different one.
If the customer does not wish to incur this fee, SocialFrick reserves the right not to issue any refund in such cases, as the new Dashboard registered by the customer is still active and available for connecting additional accounts.
13. TERMINATION BY SocialFrick
SocialFrick reserves the right to terminate the contract before the activation of the service. In the event of non-activation due to SocialFrick's decision, SocialFrick is obligated to refund the customer. The customer acknowledges and agrees that they have no further rights or claims for compensation due to the non-activation of the service.
14. LIMITATION OF LIABILITY
SocialFrick provides a fully automated service based on the customer's instructions. Therefore, SocialFrick assumes no responsibility for data entered, transmitted, or processed by the customer using the service, messages sent, or consequences of automated actions on unwanted accounts. SocialFrick cannot be held liable for any damages suffered by the customer or third parties due to its operation. The customer acknowledges that, due to the automated nature of the Service, Instagram may temporarily block activities, during which the profile will remain active but some actions may be blocked. SocialFrick assumes no responsibility for the consequences related to the purchase of “Engagement Boost” services or for any partial or total failures in their provision by suppliers.
15. SUSPENSION
SocialFrick reserves the right to suspend or terminate the service at its discretion without it constituting a breach of contract in the following cases: a) The customer violates any provision of the contract; b) Ordered by a judicial authority; c) For security or confidentiality reasons; d) The customer communicates in an aggressive or disrespectful manner with support staff. For reason d), SocialFrick reserves the right to completely terminate support to the customer.
16. EXPRESS TERMINATION CLAUSE
SocialFrick may immediately terminate the contract if: a) The customer breaches the obligations set forth in this contract and these terms, or misuses the platform; b) Force majeure events occur; c) The customer engages in illegal activities using the service. If, for any reason, the renewal fee is not paid (e.g., insufficient funds or payment rejection), SocialFrick reserves the right to immediately suspend or terminate the service. In such a case, the lack of payment will be considered a waiver of automatic renewal and cancellation, resulting in an automatic cancellation fee if the customer decides to resubscribe.
17. AFFILIATION SYSTEM
SocialFrick commits to paying the corresponding commissions generated by users on the platform through the affiliation system. However, such commissions may be denied and completely suspended if the customer violates the proper use of the system, such as generating commissions from their own purchases or abusing calculation errors. SocialFrick assumes no responsibility for any partial or total failures in providing these commissions.
18. SUPPORT
Regular support is guaranteed to the customer at no additional cost. Regular support refers to interventions to resolve technical issues arising from SocialFrick's service. Any service not covered by this definition is considered special support, which is provided for a separate fee and agreed upon outside of this contract. Any modifications requested after the activation is complete may be considered special support at SocialFrick's discretion.
19. CONFIDENTIAL INFORMATION
Both parties acknowledge that all information obtained during the relationship constitutes trade secrets under Articles 98 and 99 of Legislative Decree No. 30 of February 10, 2005, highly confidential information, or information protected by industrial property laws. Both parties also agree not to disclose or communicate any information or data related to implementation methods and technical standards.
PRIVACY POLICY (Simplified)
The purpose of this privacy policy is to ensure maximum transparency regarding the information collected by the website and its use. In compliance with obligations arising from national legislation (Legislative Decree of June 30, 2003, No. 196, Personal Data Protection Code, and subsequent amendments, fully referenced here) and European legislation (European Regulation on Personal Data Protection, No. 679/2016, GDPR, fully referenced here), this website respects and protects the privacy of visitors and users, making every possible and proportional effort not to infringe on users' rights.
This website does not display advertisements or use data for advertising purposes. However, it uses third-party services to enhance the functionality of the site. These third parties may collect user data and subsequently use it to deliver personalized ads on other sites. Nevertheless, this website makes every effort to protect user privacy and minimize the collection of personal data.
For example, the website uses web software in some cases, configured not to send cookies (and thus not to collect data). The site also uses social plugins to facilitate sharing material on social networks. These plugins are configured to send cookies (and potentially collect data) only after the user has activated the service.
For informational purposes, it is emphasized that managing cookies is an extremely complex area involving both the website administrator's activities (who might not be able to properly manage third-party cookies) and the user's (who might block essential cookies for site functionality). To avoid any form of liability, it is recommended to use dedicated tools. Therefore, for improved and simplified privacy protection, the use of anti-tracking tools is advised, as these tools block site tracking. Users' decision not to use such tools is their free choice, and thus continuing to browse and use the site and its services without appropriate anti-tracking tools absolves the site manager and data controller of any civil or criminal liability. For more information, please read the full notice below.
This notice is prepared in accordance with Regulation (EU) 679/2016 (GDPR) and provides information on the personal data processed by the website.
– DATA CONTROLLERS
The data controller, according to current regulations, is the website administrator, SocialFrick, reachable through the CONTACTS section (link at the bottom of the page).
– LEGAL BASIS FOR DATA PROCESSING
This website primarily processes data based on the user’s consent. Consent is obtained through a banner located at the bottom of the page, or through the use or consultation of the website, either through conclusive behavior or by registering or subscribing to the site. By using or browsing the website, visitors and users explicitly approve this privacy policy and consent to the processing of their personal data as described below, including sharing with third parties necessary for the provision of the service. Additional consents related to specific service purposes are collected through communication forms or service requests. Providing data and consenting to the collection and processing of data is optional; users can deny consent and withdraw any consent given at any time (through the banner at the bottom of the page, browser settings for cookies, or the link to Contacts). However, denying consent may result in the inability to provide certain services and may compromise the browsing experience on the website. Data collected for website security, abuse prevention, SPAM prevention, and traffic analysis (statistics) in aggregate form are processed based on the legitimate interests of the data controller to protect the website and its users. In such cases, users have the right to object to the processing of their data.
– PURPOSE OF DATA PROCESSING
The data collected by the website, in addition to the purposes related to the provision of the service, are used for the following purposes:
– MAIN ACTIVITIES
Collection of data and information for the execution of the service, as detailed in the terms and conditions (link at the bottom of the page), including the main and ancillary activities related to social media management.
– STATISTICS (ANALYSIS)
Collection of data and information in an exclusively aggregated and anonymous form to verify the proper functioning of the website. None of this information is linked to individual users and does not allow identification. Consent is not required for this purpose.
– SECURITY
Collection of data and information to protect the security of the website (anti-spam filters, firewalls, virus detection) and users, and to prevent or detect fraud or abuse of the website. Data is recorded automatically and may include personal data (IP address) which could be used, in accordance with applicable laws, to block attempts to harm the website or other users, or for harmful or criminal activities. This data is never used to identify or profile users and is periodically deleted. Consent is not required for this purpose.
– ACCESSORY ACTIVITIES
Sharing of data with third parties who perform functions necessary or instrumental to the operation of the service (e.g., comment boxes), and to allow third parties to carry out technical, logistical, and other activities on our behalf. Providers have access only to the personal data necessary for their tasks, are prohibited from using the data for other purposes, and are required to handle personal data in accordance with applicable regulations.
– SHARED DATA
The website collects user data in two ways:
– DATA COLLECTED AUTOMATICALLY
During user navigation, the following information may be collected and stored in the website's server logs:
IP Address;
Browser Type;
Device parameters used to connect to the site;
Name of the Internet Service Provider (ISP);
Date and time of visit;
Referring page and exit page;
Number of clicks.
This data is used for statistical and analytical purposes, in an aggregated form only. The IP address is used solely for security purposes and is not combined with other data.
– VOLUNTARY DATA PROVIDED
The website may collect additional data when users voluntarily use services such as comment services, communication (contact forms, comment boxes), or data provided during registration and subscription. This data will be used solely to provide the requested service.
– LOCATION OF DATA PROCESSING
The data is processed at the data controller's premises and at the web hosting data center (Contabo). The web hosting provider (Contabo.com) is the data processor, handling data on behalf of the data controller. Contabo operates in compliance with European regulations.
– DATA RETENTION PERIOD
The data collected by the website during its operation are retained only for the time strictly necessary to perform the specified activities. After this period, the data will be deleted or anonymized, unless additional reasons for their retention exist. Data (IP address) used for website security (blocking attempts to damage the site) are kept for 30 days. Data for analytical purposes (statistics) are retained in aggregate form for 24 months.
– TRANSFER OF COLLECTED DATA TO THIRD PARTIES
The data collected by the website is generally not provided to third parties, except in specific cases: legitimate requests from judicial authorities and cases provided by law; when necessary for the provision of a specific service requested by the user; for security checks or website optimization.
– TRANSFER OF DATA TO NON UE COUNTRIES This website may share some collected data with services located outside the European Union. In particular, with Google, Facebook, and Microsoft (LinkedIn) via social plugins and the Google Analytics service. The transfer is authorized based on specific decisions by the European Union and the Data Protection Authority, particularly decision 1250/2016 (Privacy Shield, available on the Data Protection Authority’s informational page), thus no additional consent is required. The aforementioned companies adhere to the Privacy Shield framework.
– SECURITY MEASURES
Visitor/user data is processed lawfully and fairly, using appropriate security measures to prevent unauthorized access, disclosure, alteration, or destruction of the data. The security of personal data during transmission is ensured through the use of dedicated security software that encrypts information in transit. Processing is carried out using IT and/or telematic tools, with methods and organizational logics closely related to the above purposes. In addition to the data controller, categories of authorized personnel involved in the management of the website or external parties (such as technical service providers, hosting providers) may have access to the data.
– COOKIES
The website uses cookies to enhance user experience and for technical, statistical, and marketing purposes. Below are the different types of cookies used:
– TECHNICAL COOKIES
These cookies are necessary for the proper functioning of the website and to improve user experience. They do not require user consent to be installed and are used solely to ensure the functionality of the site, such as navigation or access to restricted content.
– ANALISYS COOKIES
Used to collect anonymous and aggregated information about visits to the website. They help understand site usage and improve its performance. These cookies can be disabled through the browser settings.
– PROFILING AND MARKETING COOKIES
Used exclusively by third parties to collect information on user behavior and to provide personalized advertising. By clicking "ok" on the banner displayed on first access to the site, by browsing the site, registering, or subscribing, visitors consent to the use of these cookies. Users can disable cookies at any time through their browser settings or the banner.
– THIRD PARTIES COOKIES
This site also uses third-party cookies for additional services and functionalities. Information and instructions for disabling them are available on the third-party websites:
Google Inc
– USER'S RIGHTS
In accordance with Regulation (EU) 679/2016 (GDPR), users can exercise the following rights:
Object to the processing of personal data for legitimate reasons;
Obtain confirmation of the existence of personal data and know the origin of the data;
Receive understandable communication and obtain information about the logic, methods, and purposes of the processing;
Request updates, corrections, deletions, anonymization, or blocking of data processed in violation of the law;
Receive one's personal data in a structured, commonly used, and machine-readable format; Lodge a complaint with the supervisory authority (Data Protection Authority);
Exercise all rights provided by current legal provisions.
Requests must be addressed to the data controller.
– UPDATES
This privacy policy was last updated on December 12, 2019. – CONTACTS For further information, requests, or to exercise your rights, please contact the data controller.