FREQUENTLY ASKED QUESTIONS
We understand you might be a bit hesitant, so we've compiled a list of the most commonly asked questions. Just click on the question for the answer to lifes most important questions.
+ What's the fastest way to grow real and genuine followers, and not bots or ghost accounts?
The fastest way would be to become a celebrity. In the real world, it takes time and or money. There are books that "teach" you how to Instagram that cost over $150 and get you nowhere.
In using our technique and program, we were able to rank our travel blog on the front page of Google results in just a few months!
No, we aren't "bots" nor do we turn your account into one. We do have your account like and follow, all while it does research on potential clients or followers. Basically all of the things that take time or apps to do. You are still in control of your account.
+ Can I grow real followers through only likes?
Yes you can! Just by liking and commenting you can increase your followers, sometimes dramatically. You will also save time by not having to find a hashtag or account, then like each individual photo in hopes of attracting them to your account. If your traveling or short on time, we can set it to like the post of your followers, thereby keeping your engagement up. It will do it all for you, thereby creating and keeping real and interested followers.
To grow more rapidly, you can follow other accounts, and unfollow anyone who doesn’t follow back, but this isn’t for all profiles or types of accounts. If you are not sure, send us an e-mail and we can set you up for a free consultation.
+ What is the follow/unfollow game?
Some services just follow accounts for you, then unfollow back. Some will unfollow even if you follow back. There are several reasons for this, but the main one is in hopes that you'll see the notification that they followed you, so you'll follow back, they do this very rapidly with no intention of ever following you. Other reasons are:
They have reached their Instagram limit (7500), and have to unfollow to follow more.
They are trying to clean up their ratio of followers to followings.
They unfollow you regardless if you follow back in hopes you'll stick around after receiving the notification.
We don't recommend doing this unless your only goal is the number of followers.
+ Why do some people follow me then unfollow, even when I follow back?
Whether or not you use our services, many people use a much lower quality service similar to ours these days. Many don't know the settings or don't have the option to not follow back, so their service will follow you. They may then unfollow you manually, either because you are not the type of the account they want to follow, or because they want to get their follower count up.
That's why a service such as ours is important to growing your social media and brand, if someone unfollows you, it will automatically unfollow them, helping keep your follower/following ratio in check.
We don't set your account to unfollow if they follow back unless that's something that you would like. You'll keep lots of followers, but lose engagement. And ultimately thats the goal of having followers.
We never set your account to automatically follow back, unless that's something you'd like.
+ Who is this service for?
We are travel bloggers, and we initially developed it for us to get readers to our travel blog, but our service works for everyone! We've tested it on small businesses, travel bloggers, photographers, even regular users will gain thousands of new real followers. All organic and interested in your content, otherwise they wouldn't be following you!
+ Will the followers I get be real or bots?
We can't control if another account that follows you is a bot. However, we have settings in place that help prevent you from following or engaging them in any manner. Our complex algorithm avoids following private accounts, no profile picture, no bio, they must have a minimum number of posts (unless requested) and inactive accounts. These are all signs that an account is a spam account, dormant, a bot or an inactive or casual user.
We also target active followers of the target accounts. That is, users who have interacted with the target accounts in the last 72 hours. That way you know you will be receiving active, high quality, and engaged followers. We can't analyze each user that that chooses to follow you. Some accounts may possibly be bots. But they would be high quality bots if they were!
+ Other companies offer similar services, why should I choose yours?
Well the answer will vary depending on your personal needs, but here's what we found:
Other offerings were very slow. Even at optimized settings, the speed was far below what we offer. It would take 2 - 4 times longer to see the same results, often for more money.
Similar services will still follow "junk" accounts just to deliver results so you are satisfied. Did you want real followers? Or did you want spam, bot accounts, or to follow private users that aren't active and will likely unfollow you very quickly?
For our basic packages, we help you based on your input. Premium services come with a consultation so that we can optimize your results. Partial and fully managed accounts always receive a dedicated Social Media specialist to bring your campaign to life!
Some companies just take what we do and make you subscribe to multiple places for the same thing, costing you far more, for far less.
We employ Keebler elves, they live in a cohabitation with killer Wi-Fi and subsist off cookies and magic, so they really don’t need much money.
+ Why don't you offer a dashboard or an app?
The market is saturated with low quality "gain follower" apps, schemes and tricks. In order to provide real, quality results, we do all the work to ensure you are satisfied!
We don't offer a "dashboard", because the average user may not know how to use the tools available to see results. For "pro" level users, we can customize (and we do) every aspect to create results and make your campaign effective. Your hiring us to do all the work so that you don't have to!
And we believe the best way to measure results is to check your dozens of notifications on your phone! If it's not constantly notifying you, then your probably not getting the results you need or deserve.
+ What is a "target" account?
A target account is an Instagram user or influencer that your account strives to be like, or your potential followers follow.
Even if you want your brand or account to be unique, there are Instagram or Twitter accounts out there that you'd like yours to be like, or that you follow for inspiration. Please list those. Not giving us the information makes it harder for us to deliver the results you are looking for.
+ What’s the difference between Effortless Digital and a “follow” app?
If you use an app, all of them are paid and the best ones cost almost per month as our service. Our service runs in the cloud so you'd have to be on the app 24 hours per day, 7 days a week, 365 days a year in order to do what we can do. Most of the services you sign up for force you to do all of the targeting and research. If you have to take the time to do all of the research, your better off just doing it without them. Plus you'd have to constantly be looking for your target market, hashtags, active followers, etc. Not to mention, liking, unfollowing, commenting or sending messages.
You'd also have to purchase multiple apps, programs and subscriptions in order to do what we do.
TL;DR? In short, we do all the work for you. :)
+ Do you offer a free trial?
No we do not, we know that the results you'll receive are above and beyond our competitors so we do not offer this option. We are not an automated machine that delivers lackluster results, you can cancel at anytime. If you feel that you deserve a refund, e-mail us and we will work with you on your account.
+ What about content? What will you be posting?
Content is always King! The higher quality your content, the more likes, views and follows. And that means more traffic to your site, blog, or conversions to sales for you. We provide you guidance on finding or creating good, high quality content however, your content is always yours.
We help you build your brand on the back end with our software, but we never create or post on your behalf. For those with a need for partially or fully managed accounts, please contact us.
At this time we don't allow adult themed accounts, or accounts that might violate the rules of the individual Terms of Service.
+ What are partially and fully managed accounts?
For partially managed accounts you still create content, however we post fully on your behalf. Always at the optimal time with fully researched hashtags.
For fully managed accounts we will work directly with you on content creation in addition to posting and research. If you need a partially or fully managed account please contact us, we are happy to help.
+ Is there a discount for monthly billing? How much is it?
There is, and it varies according to the type and or number of accounts you have. Please visit our products and pricing page for more, the final amount will be calculated at checkout.
+ What if I want to cancel?
Once you sign up, you'll receive an initial welcome e-mail with your payment and account details. It will also include a link to cancel payment at any time. We would be sad to see you go, but no hard feelings.
+ When does my service start? What happens when I cancel?
Service begins as soon as your initial payment is processed. Service ends on the same date of the following month. If you cancel within the trial period, you’ll be refunded minus any transaction fees (if applicable) and your service will stop immediately. Should you cancel after the trial period, your payment is non-refundable and your service will continue until the same date of the following month. Cancellations can be made any time by using the link provided in your initial e-mail.
Month to Month paid monthly
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month for the duration of your contract. Your contract will renew automatically, on your monthly renewal date until you cancel. Renewal rates are subject to change, but we’ll always notify you beforehand. If you cancel within the trial period, you’ll be refunded minus any transaction fees (if applicable) and your service stops immediately. Should you cancel after the trial period, you’ll be charged 100% of your remaining month to month contract obligation and your service will continue until the same date of the following month. Your subsequent months will not be charged. Cancellations can be made any time by using the link provided in your initial e-mail.
+ What if I want the service to stop immediately when I cancel?
Just send us an e-mail when you cancel and we will stop service immediately. However if you cancel with an unfavorable follower ratio, we will unfollow any users we followed for you if you'd like, just tell us in your e-mail (only available for first 30 days after cancellation.)
+ How will I gain new followers?
We will be interacting with other potential clients, followers, and accounts on your behalf. When you like, comment or follow someone, they will also like, comment and follow back if they enjoy your accounts content.
+ What is auto-commenting and should I do it?
Auto-commenting can be very powerful if used correctly. If you target very specific hashtags with a well-crafted comment, it can be a very powerful draw to your account.
Of course, auto-commenting isn't for everyone. You may even notice it on your posts in the form of an out of context saying, or weird emoji. We have created several comments that work for about 99.9% of the posts, however, sometimes your account might accidentally comment incorrectly if the person posting is a hashtag stuffer.
For example, you want your account to comment on #qoute, #qoutes, #qouteoftheday, but your account commented," Great quote!" on a picture of a cat because the post had been stuffed with irrelevant hashtags they thought might drive people to their post.
There is very little that can be done about this, however we have settings in place to help prevent this. We have found that hashtag stuffers are generally low quality users that do not convert into sales, follows or likes. So even if this does happen randomly, just delete the comments and move on.
+ What is a hashtag stuffer?
A hashtag stuffer is someone that will cram as many hashtags into a post that are not relevant to the picture in hopes of drawing more people to it. These are generally low quality users.
+ Is direct messaging for me?
Used properly, a Direct Message sent to followers or new followers is a great way to start a conversation! However, if your message is too long, instantly trying to sell someone something, or just outright spammy looking in nature, you can end up losing followers or having your account blocked or reported. Some types of messages are also not allowed by Instagram.
+ Do you allow changes to the service (following certain users, hashtags, geo-locations) after account setup?
For non-fully managed accounts we allow changes once per billing cycle. Those accounts are setup using information you provided. If you'd like us to change something, send us a change request and we will look into it.
For our Premium service packages, we allow for several changes, just use our change request form, typically this only includes completely changing niches/platforms. If you just want a particular aspect of the service to stop or change, send us an e-mail. It may take 24-48 hours, and there may be limitations on what we can do for individual accounts.
For changes on partially and fully managed, we will be working directly with you to maximize your campaign.
+ Why do I just want to "like" posts of my followers, or followers of other accounts?
By liking your followers posts, you are creating engagement. They will be more interested in your posts, and this will reflect in the number of likes per post you will receive. If you are liking the posts of followers of other accounts, they will become interested and may follow you.
If you like the posts of your followers, you are creating your own community! Keeping your followers engaged by showing interest in them and their content is key to increasing engagement on your own account and posts! Having us like your followers posts for you automatically is perfect for when you are on vacation, traveling, or just don't have time to do it yourself.
+ What is a follower ratio?
A follower ratio is the number of people who follow you divided by the number of people that you follow.
You have 3860 followers and only follow 889. That gives you a 4.34 ratio, meaning that for every one person that you follow, 4.34 follow you. 3860 / 889 = 4.34
As another example, lets say that you have 2252 followers, and you follow 3147. This would give you a negative ratio of .72, meaning that for every one person you follow, only .72 follow back. 2252 / 3147 = .72
So the higher the number, the better.
+ Why is your follower ratio so important?
Some see your ratio as a sign that your account is good to follow, or to not follow. This is called "Social Proof". If lots more people follow you than you follow, your account must be worth following. Same thing for number of likes. If people see that you have hundreds of likes per photo, they are more likely to like that photo as well. Having a positive ratio is important to gaining new and interested followers.
However some accounts buy followers, and we can’t recommend against this enough except in very specific situations. Typically, bot accounts are made to look like real accounts, but they are setup very quickly and may not have been. Even still, they will have very few followers, and a very large number of followings. These tend to get delivered (start following your account) very quickly, which looks suspicious. They also get banned very quickly, which is a waste of money.
+ Why should I unfollow people who don't follow me back?
In our opinion, you shouldn't follow people that don't follow back if you have a negative ratio. They aren't following you back, or even interacting with your account, so it's best to not follow them anyway. There are always accounts you will want to follow, they might be family, friends, co-workers, or perhaps they just inspire you, and that's fine, we can make sure they never get unfollowed.
+ What social media platforms do you work with?
We currently specialize in Instagram and Twitter, but are hard at work on integrating on other platforms. We also do things the old fashioned way when needed. Contact us with your social media needs!
+ Can I use growth programs or apps with your service?
Good question, and the answer is no*. Our program runs within the limits of what Instagram and Twitter allow, anything more might result in infractions against your account. This also includes Direct Messaging apps (Instagram). Besides, this is what you pay us for! Please cease using any "growth" apps or Direct Messaging services before signup. We are not responsible for accounts that are suspended or banned if other services are used.
*Hootesuite for Twitter works well for scheduling your own posts and analytics. And Crowdfire works well for Twitter Direct Messaging if you so choose. We cannot recommend against using Holr.co branded Direct Messaging, as we have noticed accounts that use them tend to get reported and banned.
+ Are there any other actions I can't do while I use your service?
You can manually follow or unfollow other accounts, like, comment, reply or send Direct Messages just as normal. However, we encourage you to make another account of just inspiration accounts or accounts your interested in. Your feed will be much cleaner. We can provide you with the list of followers from your old account or setup a new account for you with just those users. Fees will apply.
+ Can I reply to DM's or comments?
We highly encourage you to reply to any and all comments you receive. You'll notice a larger number of them than ever before. Some will be spammy, but that's just the nature of Instagram and Twitter. However, replying to your new real followers will only help grow your account, drive readers to your blog, or grow your business. Even if you reply to spammy looking comments, your number of comments goes up. It's a win/win either way.
For DM's, especially if your account never or rarely sent or replied to them before, or if you are using it for marketing, might be temporarily unable to send messages. This is usually a temporary throttle they place on your account, and once the error message is clear, our software will re-enable the auto message. This means you'll be able to send messages again.
+ How quickly will I start to see results?
Unlike some sites, we aren't automated bots. Each account is unique and your settings will be too. We do research on your behalf and take time to maximize the campaign for your account to make sure you get the best results! That being said you expect to start seeing results in less than 48 hours.
In order to prevent your account from looking like a bot to Instagram, and since we don’t know how old your account is, if you bought followers, or how active you are, we slowly ramp up your account over the first few weeks. You’ll still see results, but again there are lots of factors to consider. Your accounts safety is our number one priority.
We are not for casual users. We are a service for those that are serious about, or have a need to grow their social media to meet certain goals, whatever those goals may be.
+ Can I buy "likes?" or comments?
Sure, just not from us. We create engagement on your behalf. We help build a relationship to your brand, blog or account. We can't control if people comment or like, although you can definitely expect to see more likes, follows and comments than ever before.
Again, we recommend against buying likes or comments, and we are not responsible for any infractions against an account that uses other services.
+ How many followers can I expect to gain every day?
There are many factors that can affect the number of followers you can expect to see daily. From the initial size and age of the account, hashtags used and targeted, market niche, size of the market your targeting, to the content that's posted and when. You can expect to grow between 200 - 1000+ new real followers per month! That's a lot of real people who are interested in your content!
+ What will Effortless Digital be doing with my account?
You choose what you'd like your account to do when you set it up. Depending on the package you choose, and what options you use, we will be liking, commenting, messaging*, following, and unfollowing anyone who doesn't follow back.
For changes on partially and fully managed, we will be working directly with you to maximize your campaign.
*Set on signup and needs to be opted into - comments will be very general and random, unless you provide a list of comments that you’d like to use. For partially managed accounts we can get very specific to really add impact to your campaign and generate leads. For fully managed accounts we carefully craft custom messages, as well as respond to each comment individually.
** Direct Messaging - set on signup and needs to be opted into - you'll need to provide at least 4-5 completely different messages.
+ How do you know who to target?
During on the on-boarding process you'll fill out a questionnaire which helps us figure out your target market. We also make recommendations on our initial consultation before we finish setting up your account. For non-partial or fully managed accounts, you'll have to do a little research on the hashtags and usernames of accounts you want to target. We provide you with some free tools to do you research. The quality of followers will rely on the types of hashtags and usernames you provide. We have done lots of keyword research and will also assist in targeting followers of those hashtags. We can also target users in specific geographic locations, including other businesses ;) . For partial and fully managed accounts, we do all the research for you.
For brands or companies, we work directly with you in order to provide maximum results based on your needs.
+ What is a hashtag?
Hashtags act as a connection with other users. If you use 0, there are 0 outlets that others can use to view your image. Only your current followers will be able to see your post. If you use 30, now you have 30 places where people can go to find your image.
- You can only use a maximum of 30 hashtags per photo.
- Hashtags are put in the pool based on the time the image was posted. Prior to an update, users were able to add/change hashtags to put the photo at the top of the hashtag pool. This isn’t the case for tagging the page in the photo itself.
- If you don’t like the idea of having dozens of hashtags in your caption you can also put them in a comment.
+ How many hashtags and target accounts do I need to provide to Effortless Digital to get started?
We ask for your top 25 hashtags that you use, the top 25 hashtags that you’d like to target, and 5 target account ID's to get you started. Unsure of how to use hashtags or what a target account is? Just fill out the questionnaire as best you can, we've already done a ton of research so we can help you do research based on your niche!
+ Will you unfollow people I am already following?
We create a white-list of followers that your accounts were following at the time of on-boarding and make sure to never unfollow them. We strongly suggest not using it, that way if anyone unfollows you, you'll unfollow them back helping you keep your accounts clean and full of interested followers. Unfollowing current followers who don't follow you back is critical to accounts that have a poor initial ratio.
For certain packages, we highly recommend unfollowing anyone who doesn’t follow you back first.
+ How much will I pay for Effortless Digital?
Our service varies according to your needs, you choose our level of interaction. Check out our products and pricing page for more information.
+ Do I have to download an app or a login to manage my accounts?
There's no app, no dashboard, we are a team of real people. Once we setup your account, we are happy to make changes, just send us an e-mail. Spend your time creating content and maximizing your hashtags, leave the rest to us.
+ Will it look bad for my brand to be following so many accounts?
When we bring you on-board, we suggest purging your account of all the followers who don't reciprocate, that is, follow you back. This may take a few days depending on your account, however it's an absolute necessity. The closer you stay to a positive ratio, the more people will follow you based solely on the theory of social proof.
If you start our service with a larger number of followings than followers, as most accounts do, then there should be no change in perception, and once we purge non-followers it should improve your brand greatly. If your account has more followers than followings, your ratio will be the same or better when the service ends.
We make sure to check your account daily for people that have unfollowed you, and we remove them. Always keeping your account as full of followers who are interested in you and your content as possible. If you cancel your service, we will unfollow users who didn't follow you back free for up to 30 days after cancellation.
+ My feed is full of people I don't want to follow! What gives?
Our priority for your account is growing an audience of users who will be interested in your content, so with Effortless Digital you'll be following new accounts that you normally would not follow. This means having to give up control your news feed, but it's all part of the strategy to gain as many real followers as possible who are interested in your content and brand.
Large accounts are run by a small team of people, even celebrity accounts. It's fairly rare for them to use their own feed for anything other than business. It's all part of marketing.
We recommend setting up another Instagram account set to private of just whatever particular accounts you enjoy following, (or for research).
If you are tired of what some people post, you can unfollow users just as before. However, these people are in your target market, demographic or follow the same accounts, so there's a good possibility they might get followed again. Send us their usernames via email and we will be sure they are never followed again.
+ Can I do this myself?
You could do all of this yourself but you’d have to pay for multiple programs, apps, and subscriptions. Not to mention spending hours every day doing this as I had to (that’s why I wrote this program and developed these methods).
The point behind what we do at Effortless Digital is to make your workload easier, so you spend less time growing your social media, and more time focusing on killer content, closing sales, or just running your day to day business.
+ Is this safe for my accounts?
We make sure that we are always up to date on the rules of Instagram, and Twitter, to ensure that your accounts are never penalized for any sort of infractions. Newer accounts grow the slowest, as the rules for brand new accounts differ greatly from seasoned ones.
+ Do you have an affiliate or referral program?
We currently have no plans for an affiliate program, we do however have a referral program.
Earn a free month or discounts on your monthly service just by telling people how great the service is, what could be easier?
+ How it works
Once your account becomes a recurring or monthly paid account, you'll be emailed a custom referral code to share good for 20% off the first months service for new clients. It will be unique to only you. Share this, what our service can do for them, and when your friend signs up you receive our many thanks as well as a reward! Simple as that!
+ What are the rewards?
1st referral code redeemed –
You will receive a credit for the value of your referrals package. (The value of the credit cannot exceed the total value of your monthly account.)
Example #1 If you have a premium account billed at $74.95 a month, and your referrer signs up on a $9.99 plan, you will receive a credit of $9.99 towards your account.
Example #2 If you have a $9.99 plan, and your referrer signs up on a $74.95 plan, you will receive a credit worth $9.99.
Example #3 If you have a $74.95 plan, and the referrer signs up for a $74.95 plan, you would receive a credit worth $74.95
2nd through 50 referral codes redeemed – You receive $5 credit per referral.
51 through 100 - Want to come work with us? :)
100+ ? Have you thought about a solo career in marketing?
All rewards come with a free hug (if we ever meet).
+ How do I redeem my service credits?
We will send you a statement when a code has been redeemed. Just reply with when you’d like that amount credited to your account and we will amend your billing for that month.
+ Can I send the referral code via Direct Message?
You can, however it cannot be sent via our service to your followers. Please DM interested people directly.
+ Why not?
Sorry, we do not allow you to spam other accounts using our systems for profit. Not only does Instagram frown upon this, we do highly as well.
+ Can I use the referral code for myself on another account?
Unfortunately not, the referral code is valid for new clients only. Sorry, not sorry.
+ Can someone else use the referral code for accounts that have previously used your service?
Clients are eligible only if they are new to our service and have not previously signed up to a trial or package.
+ Why a referral program?
Word of mouth, social advertising is the best kind! Plus we kinda like having you around!
+ What happens if my referral cancels before their trial period ends?
Sorry, to receive your rewards, new clients must be a paid account for it to be considered valid.
+ When do I receive my rewards?
Rewards are tallied, calculated and delivered as close as possible to the 1st of every month.
+ How will I be notified of my rewards?
By e-mail, as close as possible to the 1st of every month.
+ What if my account is no longer active when I receive my rewards?
If you are no longer with us, we will send you a custom code good for 30 days that you may use however you wish. Gift it to someone, start your account back up, go crazy! If you have a lot of reward credits and don't want to use them, e-mail us, we will figure out something cool to send you!
TERMS OF SERVICE - PLEASE READ CAREFULLY
+ TERMS OF SERVICE, BY SIGNING UP YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ABIDE BY THE TERMS SET FORTH BELOW
Please read the Agreements carefully. They cover important information about the Effortless Digital services provided to you and any charges, taxes, and fees we bill you.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the Effortless Digital service, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Effortless Digital is true, accurate, and complete, and you agree to keep it that way at all times.
“Account” means a unique account created for you the Subscriber to access the Subscription Services.
“Add-On Services” means additional services that may be added to a base subscription to the Subscription Services.
“Client” means a customer of Subscriber for whom Subscriber is purchasing and/or using the Effortless Digital services (if applicable).
“Group” means a unit of usage rights for the Subscription Services. Groups may be set for individual Clients, specific campaigns, etc.
“Professional Services” means time-and-materials services provided to Subscriber, such as consulting services, onboarding support, etc.
“Scope Limitations” means the limitations on Subscriber’s use of the Subscription Services specified in one or more applicable Service Orders. Scope Limitations may include limits on the volume of data processed by the Subscription Services, and/or a maximum number of user profiles, or such other limits as are set forth in the Service Order.
“Service Order” means a document setting out the specific details of one or more specific Effortless Digital Services to be provided to Subscriber, which is agreed upon and signed by both parties.
“Effortless Digital Services” means, collectively, Subscription Services, Add-On Services and Professional Services.
“Subscription Services” means the base subscription services provided by Effortless Digital to the Subscriber, as identified in one or more Service Orders. The Subscription Services include the use of web-based applications, technical support, and documentation such as user manuals and online help files.
Your use of any services or products (also referred to as “offering” or “service”) offered by EFFORTLESS DIGITAL, LLC is subject to the terms and conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with EFFORTLESS DIGITAL, LLC will always include, at a minimum, the terms and conditions set out in this document.
The terms “EFFORTLESS DIGITAL”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to EFFORTLESS DIGITAL, LLC, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces including but not restricted to our websites or e-mails.
TRIALS, CODES AND OTHER PRE-PAID OFFERS
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Effortless Digital reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR E-MAIL TO EFFORTLESS DIGITAL OR TERMINATE YOUR EFFORTLESS DIGITAL ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR E-MAIL TO EFFORTLESS DIGITAL OR TERMINATE YOUR EFFORTLESS DIGITAL ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, EFFORTLESS DIGITAL WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
USER GENERATED CONTENT
Effortless Digital, Instagram, or Twitter users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, videos, and/or other types of content) (“User Content”).
You promise that, with respect to any User Content you post using the Effortless Digital service, (1) you have the right to post such User Content, and (2) such User Content, or its use by Effortless Digital as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright, or spam), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you, an entity or individual without express written consent from such individual or entity.
Effortless Digital may, but has no obligation to, monitor, review, or edit User Content. In all cases, Effortless Digital reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Effortless Digitals sole discretion, violates the Agreements. Effortless Digital may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Effortless Digital is not responsible for User Content nor does it endorse any opinion contained in any User Content, unless agreed upon in the service contract.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST EFFORTLESS DIGITAL RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD EFFORTLESS DIGITAL HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Effortless Digital respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Effortless Digital stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
• copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available, or otherwise making any use of the Effortless Digital Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Effortless Digital Service or the Content or any part of it;
• using the Effortless Digital Service to import or copy any local files you do not have the legal right to import or copy in this way;
• transferring copies of cached Content from an authorized Device to any other Device via any means;
• Use of a 3rd party, software or otherwise, to manage or post to your account.
• circumventing any technology used by Effortless Digital, its licensors, or any third party to protect the Content or the Service;
• removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through or by the Effortless Digital Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
• providing your password to any other person or using any other person’s username and password;
• please respect Effortless Digital, the owners of the Content, and other users of the Effortless Digital Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
• is offensive, abusive, defamatory, pornographic, threatening, or obscene;
• is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Effortless Digital or a third party;
• includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
• includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
• is intended to or does harass or bully other users;
• impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
• involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Effortless Digital inbox;
• interferes with or in any way disrupts the Effortless Digital Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Effortless Digital’s computer systems, network, usage rules, or any of Effortless Digital’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by Effortless Digital.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Effortless Digital account.
Please be thoughtful about how you use the Effortless Digital Service and what you share.The Effortless Digital Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Effortless Digital or across the web, so please use the Effortless Digital Service carefully. Effortless Digital has no responsibility for your choices to post material on the Service unless otherwise agreed upon.
Infringement and reporting User Content
Effortless Digital respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please contact Effortless Digital. If Effortless Digital is notified by a copyright holder that any Content infringes a copyright, Effortless Digital may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Effortless Digital with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please send Effortless Digital an e-mail.
Service limitations and modifications
Effortless Digital will make reasonable efforts to keep the Effortless Digital Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Effortless Digital reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Effortless Digital Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Effortless Digital Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Effortless Digital permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Effortless Digital will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Effortless Digital has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Effortless Digital and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
If you establish an Effortless Digital account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.
Payments, cancellations, and cooling off
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Effortless Digital Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Effortless Digital Service immediately. If you reside inside or outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within seven (7) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Effortless Digital at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Effortless Digital will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Effortless Digital during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
Effortless Digital may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Effortless Digital Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Effortless Digital Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Terms and termination
The Agreements will continue to apply to you until terminated by either you or Effortless Digital. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Effortless Digital may terminate the Agreements or suspend your access to the Effortless Digital Service at any time, including in the event of your actual or suspected unauthorised use of the Effortless Service and/or Content, or non-compliance with the Agreements. If you or Effortless Digital terminate the Agreements, or if Effortless Digital suspends your access to the Effortless Digital Service, you agree that Effortless Digital shall have no liability or responsibility to you and Effortless Digital will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Any sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE EFFORLTESS DIGITAL SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE EFFORLTESS DIGITAL SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EFFORTLESS DIGITAL AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER EFFORTLES DIGITAL NOR ANY OWNER OF CONTENT WARRANTS THAT THE EFFORTLESS DIGITAL SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, EFFORTLESS DIGITAL MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE EFFORTLESS DIGITAL SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT EFFORTLESS DIGITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE EFFORTLESS DIGITAL SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM EFFORTLESS DIGITAL SHALL CREATE ANY WARRANTY ON BEHALF OF EFFORTLESS DIGITAL IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE EFFORTLESS DIGITAL SERVICE IS TO NOTIFY EFFORTLESS DIGITAL AS SUCH AS WELL AS STOP USING THE EFFORTLESS DIGITAL SERVICE. WHILE EFFORTLESS DIGITAL ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO EFFORTLESS DIGITAL, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EFFORTLESS DIGITAL, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE EFFORTLESS DIGITAL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER EFFORTLESS DIGITAL HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE EFFORTLESS DIGITAL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO EFFORTLESS DIGITAL DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Effortless Digital’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
Third party rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Effortless Digital, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
Acceptance of Terms of Services
- You are expected to be aware of our terms of services prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.
- In order to make use of our services you must agree to the terms laid down in this document. You may not make use of our services if you do not agree to our terms of service.
Provision of the Offering by EFFORTLESS DIGITAL
- By using EFFORTLESS DIGITAL, you automatically agree to these Terms, so you should first read them carefully. If you don't wish to accept all Terms then please don't use our service.
- We don't store your passwords.
- No one has been banned for using EFFORTLESS DIGITAL, but we wouldn't be responsible in the case your account is. Don't mix it with other automation tools. We will never sell any of your information to third parties.
- EFFORTLESS DIGITAL is not affiliated with Instagram, Facebook, Twitter or any third-party partners in any way.
- It is your sole responsibility to comply with Twitter and Instagram rules and any legislation that you are subject to. You use EFFORTLESS DIGITAL at your own risk.
- We are not responsible for your actions and their consequences. We are not to blame in the unlikely case of your accounts getting locked, blocked, like blocked, follow blocked, or banned for any reason.
- We require your Instagram and Twitter API access to obtain required information for interacting with the APIs. We don't store, give away, or otherwise distribute your information to any third parties.
- We can't guarantee any specific outcome from using EFFORTLESS DIGITAL.
- We can't guarantee the continuous, uninterrupted or error-free operability of the services.
- EFFORTLESS DIGITAL intends to provide you with the very best services and we try to innovate our services with time. You acknowledge that the nature or the form of the services offered by us may change with time.
- You acknowledge and agree that EFFORTLESS DIGITAL may stop (permanently or temporarily) providing the offering (or any features within the offering) with or without notice, generally at EFFORTLESS DIGITAL’s sole discretion.
- You acknowledge and agree that while EFFORTLESS DIGITAL may not currently limit your use of the offering in any way, it may do so if your use hinders with the ability of EFFORTLESS DIGITAL to carry on its operations or the ability of other customers to use the offering.
- The supply of the offering will be subject to your making payments at the regular intervals in the manner as stated in the contract for the service. In the event of the service being permanently or temporarily stopped by us, EFFORTLESS DIGITAL’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. EFFORTLESS DIGITAL shall not be called on to repay any amount received by us during any previous billing cycle.
- In the highly unlikely case, EFFORTLESS DIGITAL shall not be responsible for any loss or damage caused by not following our account safety rules.
- These rules state clearly that you shall strongly limit, if not refrain from all actions on your account other than posting content while using EFFORTLESS DIGITAL.
- These rules state that if you have purchased followers prior to, or while using our service, EFFORTLESS DIGITAL is not liable in any way, for bans, either temporary or permanent, against your account. EFFORTLESS DIGITAL takes all available precautionary measures to ensure your accounts safety, however EFFORTLESS DIGITAL is not at fault, or responsible for users that report your account for the action it takes or messages sent.
Use of EFFORTLESS DIGITAL’s offering or services
- In order to access certain offering or for your continued use of the offering, you may be required to provide information about yourself. You agree that any information you give to EFFORTLESS DIGITAL will always be accurate, correct and up to date. EFFORTLESS DIGITAL shall not be liable for any loss or damage caused due to faulty information provided to us by you
- We may share client’s personal information with our employees or any third parties as and when considered necessary by us (e.g. certain information of our clients could be shared with third parties for the process of payment for our services).
- You agree not to access (or attempt to access) any of the offering by any means other than through the interfaces provided by EFFORTLESS DIGITAL, unless you have been specifically allowed to do so in a separate agreement with EFFORTLESS DIGITAL.
- Unless you have been specifically permitted to do so in a separate agreement with EFFORTLESS DIGITAL, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
- You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and EFFORTLESS DIGITAL and for the consequences (including any loss or damage which EFFORTLESS DIGITAL may suffer) of any such breach.
- We try to ensure that any confidential information provided by you is protected. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into EFFORTLESS DIGITAL’s database, EFFORTLESS DIGITAL shall not be made liable for the resulting damages.
- We do everything we can to protect the safety of your account, but if your account does become jeopardized in any way, you agree that EFFORTLESS DIGITAL shall not be made liable for the resulting damages.
Security of your account
- EFFORTLESS DIGITAL shall provide its services primarily through its websites. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to EFFORTLESS DIGITAL and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
- EFFORTLESS DIGITAL will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into EFFORTLESS DIGITAL database, EFFORTLESS DIGITAL shall not be made liable for the resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned personnel at EFFORTLESS DIGITAL immediately.
Content in the offering
- You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of EFFORTLESS DIGITAL or other companies, is protected by intellectual property rights which are owned by EFFORTLESS DIGITAL, or the sponsors or advertisers who provide that content to EFFORTLESS DIGITAL (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically permitted to do so by EFFORTLESS DIGITAL or by the owners of that content, in a separate agreement.
- Any content being disseminated using EFFORTLESS DIGITAL’s sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.
- You agree that you are solely responsible for (and that EFFORTLESS DIGITAL has no responsibility to you or to any third party for) any content that you create, transmit or display while using our offering or for the consequences of your actions (including any loss or damage which EFFORTLESS DIGITAL may suffer) by doing so.
- You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. EFFORTLESS DIGITAL shall not be made responsible for any repugnant content circulated on its offering by other users. On noticing any such content, it is your duty to bring it to the attention of EFFORTLESS DIGITAL employees immediately.
Intellectual Property Rights
- You acknowledge and agree that EFFORTLESS DIGITAL owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by EFFORTLESS DIGITAL and that you shall not disclose such information without EFFORTLESS DIGITAL’s prior written consent. Unauthorized use of our trademark, logos etc. shall be punishable under appropriate American laws.
- You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from EFFORTLESS DIGITAL through unauthorized use of such trademarks, service mark etc. shall be considered as forgery.
- EFFORTLESS DIGITAL acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the offering, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with EFFORTLESS DIGITAL, you agree that you are responsible for protecting and enforcing those rights and that EFFORTLESS DIGITAL has no obligation to do so on your behalf.
- EFFORTLESS DIGITAL gives you a Personal Non-Exclusive license to use the service provided to you by us as part of the offering. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by EFFORTLESS DIGITAL, in the manner permitted by these terms.
- The source code of the interface provided by us is protected under various American laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
- Unless EFFORTLESS DIGITAL has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
- The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of EFFORTLESS DIGITAL.
Termination of your relationship with EFFORTLESS DIGITAL
- The Terms will continue to apply until terminated by either you or EFFORTLESS DIGITAL as set out below.
- EFFORTLESS DIGITAL may at any time, terminate its legal agreement with you if: · you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or · EFFORTLESS DIGITAL is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful). · When these terms come to an end, all of the legal rights, obligations and liabilities that you and EFFORTLESS DIGITAL are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON AN “AS IS‟ AND “AS AVAILABLE‟ BASIS.
- IN PARTICULAR, EFFORTLESS DIGITAL DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND EFFORTLESS DIGITAL WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EFFORTLESS DIGITAL OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- EFFORTLESS DIGITAL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liabilities
- SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFFORTLESS DIGITAL SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH EFFORTLESS DIGITAL MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
- YOUR FAILURE TO PROVIDE EFFORTLESS DIGITAL WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
Changes to the Terms
- EFFORTLESS DIGITAL may make changes to the terms from time to time. EFFORTLESS DIGITAL shall try to inform you of such changes as early as possible. Your continued use of the offering will indicate your acceptance of the modified terms.
- You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, EFFORTLESS DIGITAL will treat your use as acceptance of the amended terms.
General legal terms
- The terms constitute the legal agreement between you and EFFORTLESS DIGITAL and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which EFFORTLESS DIGITAL may provide to you under a separate written agreement), and completely replace any prior agreements between you and EFFORTLESS DIGITAL in relation to the offering.
- You agree that if EFFORTLESS DIGITAL does not exercise or enforce any legal right or remedy which is contained in the terms (or which EFFORTLESS DIGITAL has the benefit of under any applicable law), this will not be taken to be a formal waiver of EFFORTLESS DIGITAL’s rights and that those rights or remedies will still be available to EFFORTLESS DIGITAL.
You and EFFORTLESS DIGITAL agree that any dispute regarding agreement(s) between you and us shall be referred to arbitration. The arbitrator shall be appointed by EFFORTLESS DIGITAL and the seat of arbitration shall be Colorado.
Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of the United States of America, and the Courts of Colorado shall have exclusive jurisdiction in all such cases.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Effortless Digital harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Effortless Digital service; and (4) your violation of any law or the rights of a third party.