Gramsmarter.com - Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the services operated by gramsmarter.com. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. We strongly recommend that you explore the gramsmarter.com application during the free trial before making any purchases

Security
In no event will gramsmarter.com, or its suppliers or licensers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data or access; or (iv) for any amounts that exceed the fees paid by you to gramsmarter.com under this agreement during the twelve (12) month period prior to the cause of action. gramsmarter.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 

Privacy
You agree that all of your data, information, text, software, media files, or other materials, whether publicly posted or privately transmitted by you on the platform, is your sole responsibility. You should only provide content that you are comfortable sharing with others. You retain your rights to any content you submit, post or display on or through the Platform, provided you agree that by submitting, posting or displaying content on or through the platform, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for gramsmarter.com to provide, promote, and improve the platform and to make content submitted available to other companies, organizations or individuals.

Profiles & Accounts
Wherever possible, gramsmarter.com has taken the best possible steps to make sure our platform and services follow, as closely as possible, to the and Instagram’s Terms of Service, however, the use of this type of tool is inherently incapable of following these fully. To use certain features of the Platform, you may be required to allow us to login to your / Instagram account, access, use and store your data, and post from your / Instagram account on your behalf. If required to do so, you hereby agree to grant us full access to your / Instagram account, and agree that you will not change your user name or password without notifying us prior to any such change. You further agree that gramsmarter.com will not be liable for any damages or loss resulting from gramsmarter.com access to and use of your Instagram account, including without limitation a suspension or deactivation of your / Instagram account. By using gramsmarter.com, and our products and services, you are aware and acknowledge that you may not fully comply with or Instagram’s terms. You furthermore agree that you will not hold gramsmarter.com accountable for any damages that may result from the use of our product (although unlikely given the nature of our product).

Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Subscriptions & Refunds
For gramsmarter.com accounts, you must provide a valid credit card to pay for Services. You authorize gramsmarter.com to charge the card for the recurring subscription. In doing so, you give us permission to enable payment processing firms to process your submitted payment. Subscriptions may be cancelled at any time but cannot be refunded. Your obligation to pay fees exists until you cancel your subscription. Taxes are calculated based on the billing information you provide at time of purchase. Our Service may contain links to third-party web sites or services that are not owned or controlled by gramsmarter.com. gramsmarter.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that gramsmarter.com ( shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Limitation of Liability
To the maximum extent permitted by law, gramsmarter.com shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the products; (b) any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content. In no event shall gramsmarter.com aggregate liability for all claims relating to the products exceed one hundred US dollars (100.00 USD).

Indemnification
You agree to defend, indemnify and hold gramsmarter.com, and its successors and assigns, and any affiliated companies, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to: (i) your use or misuse of the platform and its related services, (ii) your violation of any law, rule, regulation or rights of others in connection with your use of the platform; (iii) your breach or alleged breach of these Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information or content that you transmit, download and publish on or through the platform.

Governing law and Jurisdiction
This website, any information contained on it, and these terms and conditions of use will be governed by, and interpreted in accordance with local law. Local courts have exclusive jurisdiction to hear any disputes concerning matters involving this website. Changes We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will try, but not guarantee to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


gramsmarter.com is not officially partnered or affiliated with Instagram. Therefore, as with the nature of the product, you might be conflicting with areas of their ToS

Contact us if you have any questions about these Terms, please contact us contact@gramsmarter.com

Notes: gramsmarter.com was created for convenience of promoting your product, brand or service via Instagram. We do not encourage spamming or violation of Instagram user's rights or rules set by Instagram.

gramsmarter.com is not affiliated with Instagram or any other social networking sites or any other third-party sites in any way. Please note that we are not responsible for any of your actions and their consequences when you use gramsmarter.com .
 
We are not responsible if your Instagram account is locked, blocked or banned. Our system servers are secured using high level encryption to prevent unauthorized access of your account. However, in case of security breach and loss of data, we are not responsible for the consequences that follow the event. 

Please note that if you change your password, the script you set will automatically stop. To activate it again, you should re-launch the app and re-login with the new password. During such an event, the inactive period shall not be considered or added to your license.

User behavior such as liking, following or commenting on your images or gallery cannot be predicted and therefore cannot be controlled. The actual number of likes or followers you get solely depends on the quality of images in your gallery. 

Please note that the Follower/Unfollow is an "additional" or "bonus" feature of gramsmarter.com . Should it not function as expected during your license period, the feature will not be prolonged or extended after your license expires.

No refund claims will be entertained if your profile had been active and there have been no technical issues that prevented proper usage of the application. The time of voluntary inactivity If you choose to stop the script for a specific period, there is no compensation.
Please note that you are free and solely responsible to create and use your own hash tags. However, that can slow down the functioning speed of the app.

We reserve us the right to remove your account and ban you from using gramsmarter.com services at any point in time. In an unlikely event of this happening, your purchases will not be refunded. We strongly recommend that you explore the gramsmarter.com application during the free trial before making any purchases.

contact@gramsmarter.com