The Social Digits Terms of Service

This agreement covers the business relationship between The Social Digits (The Social Digits), CVR.:33952848, Banebrinken 93, 2400 Copenhagen and the customer (The customer). The Social Digits is based in Denmark, this agreement is based upon Danish Law. By using the TheSocialDigits.com web site (“Site”), Application Programming Interface (“API”) or any other services (“Services”) of The Social Digits ApS (“The Social Digits”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Site, API and Services together will be referred to as the “Service”.

The Social Digits reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.thesocialdigits.com/terms-of-service.

Violation of any of the terms below will result in the termination of your Account. While The Social Digits prohibits such conduct and Content on the Service, you understand and agree that The Social Digits cannot be held responsible for the content posted by the Service. You agree to use the Service at your own risk.

All usage of our service is submitted to the following terms of service.

A. Account terms

The Social Digits exclusively offers services to businesses. The following information is required to set up an account.

1. Company name, address, country, VAT/Tax number, valid email address and phone number for the customer. Customers are notified of changes via email.

2. System access is granted on a one customer, one login basis.

3. Maintaining proper security surrounding system access is solely the customer’s responsibility. The Social Digits accepts no responsibility for any damages occurring due to unsafe computing.

4. The customer holds the exclusive responsibility for all activity and interaction with the Service undertaken with The customers account.

5. Ensuring that the service complies with local law is solely the responsibility of the customer. The Social Digits accepts not liability for any violations of such laws. This includes but is not limited to copyright infringements, data privacy etc.

B. Use of the service

1. The customer is not allowed to exceed the maximum number of request pr month.

2. Should the expected data usage change, the customer is free to upgrade or downgrade the service.

3. The customer is not allowed to cache, store or in any other way reuse results obtained from the service.

4. The customer is not allowed to abuse, hack or othervise misuse the service.

5. Excessive frequent request to the service may result in a temporary or permanent ban from the service. The Social Digits is in its sole discretion to determine abuse or excessive use.

6. You may not use the service for other purposes than those which the service is intended to without explicit written consent from The Social Digits. That said we love new ideas – if you have got any please let us know.

C. Distribution, Payment, pricing and usage measurement

1. The service is billed on a monthly basis.

2. The service is prepaid.

3. The price and usage capacity is based on the customers chosen pricing plan. Pricing plans are described at http://www.thesocialdigits.com/pricing.

4. The usage of the service is measured by API results per. month as specified at http://developers.thesocialdigits.com/api#usage.

5. Exceeding the usage limit of the chosen pricing plan results in an additional billing according to the amount of additional usage.

6. Payment is due 7 business days after the 1st each month.

7. Payment will always cover the entire payment period.

8. Failure to meet payment grants The Social Digits the right to terminate the service at any time. The Social Digits may choose to send reminders in accordance with danish law.

9. The Social Digits reserves the right to change the billed price with a notice period of current month + 30 days.

D. Termination of the Service

1. The customer is able to discontinue use of the service with 24 hours notice.

2. Should the customer choose to discontinue use of the service no refunds will be given.

3. Failure to comply with the Terms of Service may result is a permanent ban from the service. The ban will be implemented once the customer has been notified via email.

4. The Social Digits reserves the right to terminate service to a customer with 30 days notice via email.

5. After terminating use of the system no access will be granted to the service nor will it be possible to access the data.

E. Liabilities

1. The Social Digits accepts no responsibility for any data loss which may occur as a consequence of using the service.

2. The Social Digits accepts no responsibility for any loss of revenue, usage or any other intangible losses as a result of using the service or third-party providers associated with The Social Digits.

3. The Social Digits accepts no responsibility for any infringement upon copyrights held by third parties.

4. The Social Digits accepts no responsibility for unintended violations of the copyrights held by third parties on the customers’ system.

5. The Social Digits accept no responsibility for forces which are beyond the direct control of The Social Digits.

F. General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.

3. You understand that The Social Digits uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The Social Digits, or any other The Social Digits service.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Social Digits.

6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any The Social Digits customer, employee, member, or officer will result in immediate account termination.

8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

9. You must not transmit any worms or viruses or any code of a destructive nature.

10. The Social Digits does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

11. You expressly understand and agree that The Social Digits shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Social Digits has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

12. The failure of The Social Digits to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Social Digits and govern your use of the Service, superceding any prior agreements between you and The Social Digits (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Danish law.

13. Questions about the Terms of Service should be sent to support@thesocialdigits.com.