Terms of Service
Last updated: 11 July, 2020
Terms of Service
The purpose of this Terms of Service agreement (“Agreement”) is to govern the relationship between you as a user (“you” or “User”) and Content Office, a private limited company, registered address Eendrachtsweg 30b, Rotterdam, The Netherlands. 3012LC (“Content Office”, “us”, “our” or “we”) regarding your use of Content Office mobile application IOS from version 4.0 provided by Content Office on any website, platform and/or application (Service). Use of the Service and collection of personal data is also governed by our Privacy Policy. Users of any previous version of Content Office mobile application please see our Terms of Service and Privacy Policy.
Please read these Terms of Service carefully before using our Service. Please be informed that Content Office in its sole and absolute discretion may change, modify and update these Terms of Service and policies incorporated herein at any time, and your continued use of the Service constitutes acceptance by you of any updates. If you do not agree to be bound by this Agreement as last updated, please do not use (or continue to use) Content Office Service.
By registering for, accessing, browsing, downloading from or using our Service you agree that you have read, accepted and agree to fully comply with and be bound by this Terms of Service agreement and our Privacy Policy. These Terms of Service construe an entire agreement between you and the Content Office.
You assert that you are either legal age (18 years old), or an emancipated minor, or possess legal consent of your parent or guardian, and you are having the power and competence to enter into and to comply with these terms of service.
The Service is also not available to any users previously suspended or removed from the Service by Content Office. If you access the Service from any third party platform providers, such as Apple and Google, from whom you download the Service, you shall comply with their terms of service/use as well as these Terms of Service.
1. General
1.1. Content Office provides the mobile application which allows Users effectively plan social network content on Instagram. Instagram is a social network which belongs to Facebook, Inc.
1.2. While using Content Office you agree to comply with Instagram Terms of service, Platform Policy and Community Guidelines.
1.3. We provide the Service to the Users which helps to upload, manage the users content on Instagram and track statistics. The User can (1) upload and edit texts, images and videos for further posting in Instagram (User Content); (2) manage Instagram posts uploaded; and (3) track Instagram posts statistics.
1.4. The Service does not provide possibility to exchange content or messages between the Users.
1.5. The User can make Instagram posts through Content Office manually. Content Office does not contain features for auto posting to Instagram.
1.6. The Service contains Instagram use basic courses and other learning material, including Instagram marketing materials.
1.7. The Service is limited by the number of the accounts. The application allows you to manage up to 10 Instagram accounts, depending on the subscription plan chosen. You acknowledge and agree that in case your used amount of content present the risk to the stability, storage, networking or cause other problems to our Service, we may require to reduce the amount of content or we may take actions to restrict the usage of content in our Service.
2. Rights granted
2.8. From the moment of acceptance of this Terms of Service, Content Office grants to you individual, non-sublicensable, non-transferable, revocable non-perpetual limited license subject to the limitations below to access and use the Service for your own business marketing and individual purposes. You agree not to use the Service for any other purpose.
Unless otherwise specified by Content Office, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any of its parts. All rights not expressly granted in this Terms of Use are reserved by Content Office.
2.9. If you downloaded the Content Office from Apple App Store, you hereby assert and agree that you will only use the Content Office (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
3. Access to the Service
3.10. In order to access some of the features of the Services, you will have to create an Account.
3.11. By creating the Account, you represent and warrant Content Office that all information you submit is accurate and complete. If Content Office has reason to believe that your Account is untrue, inaccurate, out-of-date or incomplete, Content Office reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. Content Office may also terminate a User’s access to the Services, if it has the reason to believe the User is a repeat offender.
3.12. Upon downloading of Content Office, User receive access to limited features of the application, with automatic removal of all data uploaded if Content Office is not used within 30 calendar days. If you want to turn off automatic removal you must create a personal account (Account) by following the steps provided and enter the required information. More information regarding personal data collected, as well as its disclosure and protection means is explained in the Privacy policy.
3.13. The Account is created solely to the User and cannot be assigned or sold to the third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
3.14. For security purposes, Content office recommends that you change your password at least once every six (6) months for each Account. You must notify Content Office immediately of any breach of security or unauthorized use of your Account. Content Office will not be liable for any loss you incur due to any unauthorized use of your Account.
3.15. After Account creation, User receives free limited access to the Service. The Service is limited to the scope and term provided in free subscription plan description.
3.16. User, who want full access to all Service functions may purchase prepaid yearly or monthly subscription.
3.17. At the end of the subscription plan chosen, Apple User accounts will be automatically charged for the further period according to the plan.
3.18. After Account creation, User can change personal information provided only by contacting Content Office.
4. Transfer of Data Abroad
4.19. If you are using our application from a country other than the country in which Content Office is located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By using the application and communicating electronically with us, you consent to such transfers.
5. Google Analytics
5.1. In order to measure and optimize your acquisition and engagement with our Service We use Google Analytics for our application. Google Analytics helps us to better understand the number of users of our Services, their characteristics, and where they come from; measure what actions our users are taking and customize reports and visualize user navigation paths. For more information about what data we collect and how we use it, please check our Privacy Policy.
6. Acceptable use of Service
6.20. Any User who registering account with the Content Office shall (1) comply with these Terms of Service while using the Content Office; (2) hold Account login information confidential; (3) immediately inform on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure or use of a username, password); (4) keep indemnified the Content Office for all claims and liabilities arising out of any use of the Service, including any costs and expenses incurred; (5) be responsible for all activities that occur under respective Account; (6) not share their Account or password with anyone; (7) provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services; (8) be solely responsible for any fees, including Internet connection or mobile fees, that User incur when accessing the Content Office.
6.21. Any User shall not (1) permit any third party to access or use a username or password for the Service; (2) upload to the Service any file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Service or on the hardware of Content Office, affiliate, or any third party; (3) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Services; (4) access the Service with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Service; (5) create accounts by any means other than Service interface (scraping, creating accounts in bulk); (6) re-sell or provide the Services for commercial purpose, including any of Content Office related technologies, without Content Office prior written consent.
4.3. Any User shall not upload, post, transmit, or otherwise offer any User Content which (1) may be considered illegal, harassing, aggressive, abusive, tortious, defamatory, vulgar, offensive, libelous, or invasive in relation to another person or a group of persons, or which is hateful, and/or racially, ethnically, or otherwise offensive; (2) may harm to minors in any manner; (3) may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; (4) may violate the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that User owes to another User or any other person or entity; (5) is not belong to User pursuant to the law or in accordance with any contractual or fiduciary relationship; (5) contradicts with Instragram social network Terms, Policies or Community Guidelines; (6) interfering with or disrupting any Content Office’s Services; (7) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, policies and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; (8) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act.
4.4. The Content Office retains the right to suspend the Account of any User, accused in breaching of aforesaid rules as mentioned earlier and this Terms of Service. In such circumstances, Content Office reserves the right to cancel the User’s account, delete all User Content and suspend or revoke the license(s) provided.
7. Additional reservation of rights
7.22. Content Office expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Content Office in its sole and absolute discretion), including but not limited to the following: (1) to correct mistakes made by Content Office in offering or delivering Services, (2) to assist with our fraud and abuse detection and prevention efforts, (3) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (4) to comply with requests of law enforcement, including subpoena requests, (5) to comply with any dispute resolution process, (6) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (7) to avoid any civil or criminal liability on the part of Content Office, its officers, directors, employees and agents, as well as affiliates, including, but not limited to, instances where you have sued or threatened to sue Content Office.
8. Users Submissions
8.23. You acknowledge and agree that: (1) your Submissions are entirely voluntary; (2) your Submissions do not establish a confidential relationship or obligate Content Office to treat your Submissions as confidential or secret; (3) Content Office has no obligation, either express or implied, to develop or use your Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions; (4) Content Office shall own exclusive rights (including all intellectual property and other proprietary rights) to any Submissions sent to us, and shall be entitled to the unrestricted use and dissemination of any Submissions related to this application for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
9. Payments
9.1. All payments made through third parties - Apple App Store or Google Play Store - are controlled and managed by Apple and Google respectively.
9.2. Payments will be charged to your Apple App Store or Google Play Store account at confirmation of subscription purchase.
9.3. The subscription fee is payable by User in exchange for the access to the Content Office according to the subscription plan chosen.
9.4. User pays the fee that is displayed on the Service at the time of confirming a subscription. Content Office expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
9.5. All currencies are depending on the country and provided by Apple App Store or Google Play Store.
9.6. Pricing in another country may vary and actual changes may be converted to User’s actual currency depending on the country of User’s residence.
9.7. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option for the Apple users. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period. For example, if your last Service period is for one year, your renewal period will be for one year. As the automatic renewal option in the new default setting, for all our current users will be offered to accept our automatic renewal option after the current subscription plan expires. We offer three new automatic renewal plans: Solo, Business and Premium. All our current users which have subscription will be transferred to our new Premium plan.
9.8. You acknowledge and agree that, as the automatic renewal option is the default setting for all paid users, unless you cancel it using Apple Store account, it will automatically renew the applicable Service after 1 week and will take payment from your Payment Method.
9.9. For Google users the subscription will not be automatically renewed at the end of each term and you need to pay it manually through your account (Google Play Store).
9.10. The paid subscription fee is not refundable, even if your Services are suspended or terminated prior to the end of the Services term. For any questions and/or request regarding the refunds and the payment Users should contact the Apple App Store or Google Play Store users support.
9.11. In the cases where our users have the problems which are blocking the main functionality of the application, Content Office may give bonus days, but not more than 30 days for one user.
9.12. When the subscription period ends and subscription fee is not paid by the User due to the fund's insufficiency, full access to the Content Office shall be ceased until subscription fee is paid.
10. Intellectual property
10.13. All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Service belong solely and exclusively to the Content Office.
10.14. “Content Office” is a trademark of Content Office company and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of Content Office. The look and feel of the Services (including all page headers, custom graphics, button icons, and scripts) form the trademarks, service marks and trade dress, belonging to Content Office and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of Content Office. The use of any of trademarks without Content Office express written consent is strictly prohibited.
10.15. Subject to these Terms of Service, User grant us limited term, non-exclusive worldwide license to process, access, use, demonstrate, copy and display User Content for the purpose of provision of Service pursuant to this Agreement.
11. Representations & Warranties.
11.16. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES BE AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. THE CONTENT OFFICE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF DEFECTS, ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR OF NON- INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.17. All educational materials embedded in the Content Office are provided for educational purposes only without warranty of any kind.
11.18. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CONTENT OFFICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
11.19. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL survive any termination or expiration of this Agreement or your use of the Services.
12. Indemnity
12.1. The User shall indemnify defend and hold harmless Content Office and its subsidiaries and employees (including but not limited to agents, licensors, managers and other affiliated companies and their employees, contractors, agents, officers, and directors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) arising from: (1) any other party’s access and use of the Service with User’s unique username, password or other appropriate security code; (2) User’s violation of any term of this Terms of Service, including without limitation User’s breach of any of the representations, warranties or responsibilities described herein; (3) User’s violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (4) User’s willful misconduct. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
13. Limitation of Liability
13.2. USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL CONTENT OFFICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF DATA, USE, OR PROFITS, LEGAL, MEDICAL OR MALPRACTICE DAMAGE CLAIMS OR AWARDS, PAIN AND SUFFERING, OR MEDICAL BILLS, IRRESPECTIVELY OF WHETHER OR NOT CONTENT OFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR RESULTING FROM THE PERFORMANCE OF EXERCISES OR TRAINING PROGRAMS.
13.3. USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL CONTENT OFFICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ERRORS, DEFECTS, BUGS OF USER’S MOBILE DEVICE.
13.4. UNDER NO CIRCUMSTANCES WILL CONTENT OFFICE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY CONTENT OFFICE AS A RESULT OF YOUR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM.
13.5. The User is solely responsible for assessing the reliability, accuracy, and quality of the particular Service. The User accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the one’s use of the Service.
13.6. Content Office shall not be liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use of Services or any links; or to your reliance upon information obtained from on the Services
13.7. Notwithstanding any provision of this Terms of Service, if jurisdiction where User resident in, has provisions specific to waiver or liability that conflict with the above mentioned then Content Office liability is limited to the maximum extent possible by law.
13.8. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
14. Termination
14.1. The User may terminate this Agreement by deleting of User’s Account.
14.2. Although Content Office makes great effort to maximize the lifespan of all its
Services, there are times when a Service we offer will be discontinued. Content Office reserves the right to cease offering or providing the Services at any time, for any or no reason, after prior written notice to you.
14.3. The Content Office may terminate this Agreement with immediate effect by giving the User a written notice in case of the user’s breach of this Agreement.
14.4. The termination, in any case, will not affect any obligation that has already been incurred by either the User or the Content Office.
15. ForceMajeure
15.5. “Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent the Content Office from providing the Service to the User, including but not limited to terrorism, strikes, riots or civil commotion, war, flood, act of God, accident, fire, storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions or lockouts.
15.6. The Content Office shall have a right to, at its own reasonable discretion, determine the existence of Force Majeure and take reasonable steps to inform the User.
15.7. In the event of Force Majeure the Content Office may without prior written notice and at any time: (1) suspend or modify any or all terms of the Terms of Service or Privacy policy to the extent that the Force Majeure makes it impractical or impossible for the Content Office to comply with them; or (2) take or omit to take all such actions as the Content Office considers to be reasonably appropriate in the circumstances with regard to the Content Office , the User and other users.
15.8. In the event of Force Majeure, the Content Office shall not be liable to the User in respect of any consequential, nonfinancial, direct or indirect damage.
16. Notices
16.1. If you have any questions regarding Service functionality or data protection you can send us notice.
16.2. All notices shall be given to us either by post to our premises (Eendrachtsweg 30b, Rotterdam, The Netherlands. 3012LC) or by email to admin.services@contentoffice.team. All notices shall be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17. Miscellaneous
17.1. If any term of Terms of Service is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible, the same effect as the original term, and the remainder of Terms of Service shall remain in full force. If any court or administrative body of competent jurisdiction to be invalid or unenforceable finds any provision of the Terms of Service, then the invalidity or unenforceability shall not affect the other provisions, and all provisions not affected shall remain in full force and effect. The Content Office will attempt to substitute with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
17.2. In the event that a situation arises that is not covered under the Terms of Service, the Content Office will resolve the matter based on good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
17.3. The rights granted by Terms of Service, may not be transferred or assigned by the User, and any such transfer or assignment shall be void. The Content Office may transfer some or all of its rights and obligations under these Terms of Service to another organization in the event that Content Office assets acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control event.
17.4. These Terms of Service do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
17.5. This Agreement shall be governed by the laws of the Netherlands, excluding its conflict of law principles. Any actions, disputes, causes of action or claims arising out of or in connection with this Terms of Service shall be subject to the exclusive jurisdiction of the courts located in Rotterdam.
17.6. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
18. Contact information
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Eendrachtsweg 30b, Rotterdam, The Netherlands. 3012LC admin.services@contentoffice.team