Terms and Conditions of Grow-Your-Social

  • Parties to the Contract

    1.1. The parties to this contract are Grow-Your-Socials by SMG Marketing GmbH (hereinafter referred to as “GYS”) and the respective client.
    If a party uses third parties in the execution of the contract, these third parties are not contractual partners. Unless expressly stated otherwise, this contract does not confer any protective effect on third parties.

    1.2. GYS is not affiliated with Instagram, Facebook, or any other social media platform.

  • Scope of Application / Conclusion of Contract

    2.1. All offers, services, and deliveries by GYS are made exclusively on the basis of these General Terms and Conditions. They also apply to follow-up orders, even if not explicitly pointed out again, and the opportunity for awareness has not been provided again. The validity of other terms and conditions is excluded unless they coincide with these terms and conditions or have been expressly acknowledged in writing by GYS.

    2.2. Offers from GYS via email, WhatsApp, phone, or in any other form are non-binding.

    2.3. The client places the order in electronic, written, or oral form. The order is only accepted when the order acceptance is confirmed in writing by GYS. An email also qualifies as a written order confirmation. The contract between GYS and the client comes into effect with the confirmation of order acceptance.

    2.4. If the booking confirmation contains typographical or printing errors, or if there are technically induced transmission errors in the pricing, GYS is entitled to challenge the confirmation. Payments already made will be promptly refunded to the client. In case of non-compliance with the terms and conditions, especially in the event of the client’s payment default, GYS is entitled to suspend or cancel existing orders entirely or partially until the conditions are met.

    2.5. In the event of a discounted trial period offered during a promotion, no additional effort for consultations can be undertaken in that month. Changes can only be made again after the first regularly paid month. Each client is allowed only one trial phase in total. Booking different trial phases consecutively is not permitted. GYS reserves the right to reject a trial phase or to offer the service only partially during this period. Additional services can only be implemented after the trial phase.

  • Service Description

    3.1. GYS provides a service that supports the increase of followers and likes through account management on real smartphones. The necessary information for delivery is provided to the client immediately after ordering the chosen package on a “Thank You” page. The client submits this information as soon as possible out of their own interest. The time from order to the start of GYS’s service is usually less than two days. GYS reserves the right to reject order acceptance at any time without giving reasons. In this case, the payment will be refunded.

    3.2. The client has no claim for damages against GYS for failure to meet the specified daily interactions or growth goals. GYS tries to achieve the best results for every client but cannot promise certain results since every Instagram account is different.

  • Client’s Obligations

    4.1. The client informs GYS of any special requests. GYS will attempt to implement these changes and requests as best as possible to provide the client with the best possible service. The client is solely responsible for the accuracy and completeness of the content on the “Thank You” page and subsequent communication.

    4.2. Errors resulting from non-compliance with the obligations mentioned in the previous point cannot be attributed to GYS. In particular, GYS is not liable for delays or execution deficiencies caused by unclear, incorrect, or incomplete order instructions, unclear or difficult-to-understand audio files, or errors in templates and delays in the transmission of files by the client.

    4.3. The client ensures that their social media presence complies with legal regulations and does not infringe on the rights of third parties. GYS does not conduct a legal examination or assume liability. It is the client’s responsibility to ensure that their content is lawful and does not violate the rights of third parties.

    4.4. It is the sole responsibility of the client to comply with Instagram rules and any legislation that they are subject to. GYS cannot be made responsible for the customers actions and their consequences. To provide the service we require the cleint’s Instagram username and password. GYS does not post or comment on any accounts on the client account’s behalf. GYS do not make any claims as to the ownership of these accounts to which they have been given access to.

    4..5. It is the Customers responsibility to provide the correct login data as long as the subscription is active. GYS will remind the Customer if the data in incorrect, but it is the Customers responsibility to cancel the service if the Customer does not intent to use it.

  • Duration of Contract

    5.1. The contract pertains to recurring/continuous services and is concluded for an indefinite period with a minimum contract term of 1 month (monthly billing plan) or 3 months (quarterly billing plan) after the 7 day free trial.

    5.2. If the client does not terminate in a timely manner, the contract duration automatically extends for another period of 1 month or 3 months depending on the clients plan. The client has the right to cancel at any time using the dashboard at app.grow-your-social.com by clicking on “Settings” and “Cancel Subscription”. The subscription will be cancelled in real time. The client can contact our customer support at any time and ask to cancel the subsription on his/her behalf.

    5.3. The client is free to terminate the contract at any time, but a refund of already paid installments is excluded. If the client was not connected to GYS services for a longer period of time, GYS will add the paused days to the clients subscription or allow the client to use them at a later time.

    5.4. If the client does not connect their account or forgets to use the platform provided by GYS, they will receive an email with a reminder to connect their account and use the platform. If the client ignores this reminder and does not cancel the subscription, the client is not eligible for a refund. However, GYS will extend the subscription by the unused period on request, allowing the client to use the platform later for the full duration.

    5.5. GYS has the right to terminate the contract for cause, especially for the following reasons:
       – If the provision of the service is uneconomical or unreasonable from GYS’s perspective.
       – If the provision of the service is technically inappropriate from GYS’s perspective.
       – If the client violates any provision of the terms and conditions.

  • Prices, Payment Processing, and Service Provision
    6.1. GYS reserves the right to adjust prices. In case of an adjustment, the client will be informed in advance, and they will have the opportunity to withdraw from the contract before the price adjustment takes place.

    6.2. The daily possible interactions may be limited by events that GYS cannot influence. In the event of such limitations, GYS will attempt to reach the specified interactions as quickly as possible. If the specified benchmarks cannot be met over an extended period (e.g., due to changes by Instagram), the client has the right to terminate the contract at any time. GYS excludes any liability for such problems.

    6.3. Delivery and performance delays due to force majeure and events that significantly impede or make the provision of the owed service impossible and are not caused intentionally or at least grossly negligently by GYS are also not to be represented by GYS, even if bindingly agreed deadlines and dates are agreed upon. In these cases, GYS is entitled to postpone the delivery/service by the duration of the impediment, plus a reasonable lead time.

    6.4. GYS reserves the right to refuse the service for specific Instagram accounts. This includes, in particular:
     – Unlawful content, especially content that violates criminal, data protection, personal rights, licensing, or copyright regulations.
     – Political, religious, discriminatory, defamatory, or unconstitutional content, such as racist, sexist, or pornographic content.
     – Content glorifying violence.
     – Betting, gambling, contests, and votings.

    The client ensures that the aforementioned contents are not affected by their order.
    The client must independently check the contents before placing an order and undertakes not to carry.