Terms of Service

Blotato Inc. Terms of Use

These Terms of Use ("Terms") set forth the legally binding terms and conditions governing your access to and use of the Blotato Inc. ("Blotato," "we," or "us") website, located at Blotato.com, and any related websites, networks, hosted applications, mobile or other downloadable applications, or other services provided by us (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms, as well as our Privacy Policy, and any additional terms that may apply to certain products or services, all of which are incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE:

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE. YOUR USE OF THE SERVICE, AND BLOTATO'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY YOU AND BLOTATO TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14, YOU AGREE THAT ANY DISPUTE ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND BLOTATO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Service and Account

1.1 Service Overview

The Service provides users with tools for social media management, including but not limited to the scheduling of posts on various social media platforms, and providing access to design, analytics, and other features to enhance social media content (collectively, the "Service").

1.2 Modifications to the Service

Blotato reserves the right, in its sole discretion, to modify, suspend, or discontinue any aspect or feature of the Service, at any time, including the availability of any part of the Service, with or without notice to you. Blotato shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof, including any loss of access to your data. You are solely responsible for retaining copies of any User Content (as defined below) that you post to the Service, as Blotato assumes no responsibility for the loss of such data.

2. Eligibility

By accessing or using the Service, you represent and warrant to Blotato that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and that you agree to be bound by these Terms.

3. Accounts and Registration

To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information, and to update this information to keep it accurate, current, and complete at all times. You will be asked to create a password, and you are solely responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at help@blotato.com. Blotato will not be liable for any losses caused by unauthorized use of your account.

4. Payment Terms

4.1 Fees

Certain features of the Service require the payment of fees. Before you are charged any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable, except as provided in these Terms or as required by law. You are responsible for any taxes applicable to your use of the Service.

4.2 Price Changes

Blotato reserves the right to determine pricing for the Service. Blotato will make reasonable efforts to keep pricing information published on our website up to date. Blotato may change the fees for any feature of the Service, including additional fees or charges, if Blotato provides advance notice of these changes through the Service or by email to you. Blotato, at its sole discretion, may make promotional offers with different features and different pricing to any of Blotato's users. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.3 Authorization

You authorize Blotato to charge all sums for the orders that you make and any level of Service you select, as described in these Terms, to the payment method specified in your account. If you pay any fees with a credit card, Blotato may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.4 Subscription Service

The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Blotato or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your Subscription Service will continue for the period you select during registration (the "Subscription Period") and will automatically renew for successive periods, unless you cancel the Subscription Service or we terminate it. You must cancel your Subscription Service before it renews to avoid being charged for the next Subscription Period. To cancel your Subscription, you can contact us at help@blotato.com or cancel through your account settings.

4.5 Delinquent Accounts

Blotato may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account may be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amounts, including collection fees.

5. License to Blotato Services

5.1 Limited License

Subject to your compliance with these Terms, Blotato grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use one object code copy of any mobile or other downloadable application associated with the Service on a mobile device that you own or control, and to access and use the Service.

5.2 License Restrictions

Except as expressly permitted in these Terms, or as required by law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

6. Ownership and Proprietary Rights

The Service is owned and operated by Blotato. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, domain names, and all other elements of the Service provided by Blotato ("Materials") are protected by intellectual property and other laws. All Materials are the property of Blotato or its third-party licensors. You are not granted any rights in or to the Materials, except as expressly set forth in these Terms.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites

Blotato may provide tools through the Service that enable you to export or import information, including User Content, to third-party services, such as social media platforms. By using these tools, you authorize Blotato to transfer such information to the third-party service. Blotato is not responsible for any third-party service's use of your information. The Service may also contain links to third-party websites. Linked websites are not under Blotato's control, and Blotato is not responsible for their content. Please review the terms of use and privacy policies of any third-party services or websites before sharing any personal information.

7.2 YouTube API Services

If you connect your YouTube account to Blotato, you agree to be bound by the YouTube Terms of Service, available here: https://www.youtube.com/t/terms

Blotato accesses or uses authorized data via the YouTube API. In order to delete stored data or revoke Blotato's access to your data, go to the Google security settings page: https://security.google.com/settings and click "See all connections to third-party apps & services". In this screen, you can delete the access you've given Blotato.

8. User Content

8.1 User Content Generally

Certain features of the Service may permit users to submit content, including social media posts, messages, reviews, photos, videos, and other materials (collectively, "User Content"). You retain ownership of your User Content, but by submitting it to Blotato, you grant Blotato a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, distribute, display, and perform your User Content in connection with the Service.

8.2 Responsibility for User Content

You are solely responsible for your User Content and the consequences of submitting or posting it. By submitting or posting User Content, you represent and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Blotato and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms; and (b) your User Content does not violate any third-party rights, including intellectual property rights and rights of privacy.

9. Prohibited Conduct

By using the Service, you agree not to:

(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;

(b) harass, threaten, demean, embarrass, or harm any other user;

(c) violate or encourage others to violate third-party rights;

(d) interfere with security-related features of the Service;

(e) perform any fraudulent activity, including impersonating another person or entity;

(f) take any action that imposes an unreasonable or disproportionately large load on Blotato's infrastructure.

10. Intellectual Property Protection

Blotato respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on the Service infringes your intellectual property rights, please notify us at help@blotato.com, and we will respond in accordance with the DMCA.

11. Term and Termination

These Terms are effective until terminated. Blotato may terminate or suspend your access to the Service at any time, with or without cause or notice. Upon termination, your license to use the Service will immediately cease, and you must stop all use of the Service.

12. Indemnity

You agree to indemnify, defend, and hold harmless Blotato and its affiliates from any claims, damages, or costs arising from your use of the Service, your User Content, or your violation of these Terms.

13. Disclaimers and Limitation of Liability

The Service is provided "AS IS," without warranties of any kind. Blotato disclaims all warranties, express or implied. In no event will Blotato be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service.

14. Dispute Resolution and Arbitration

All disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration. You waive the right to a trial by jury and to participate in a class action. You may opt-out of arbitration within 30 days of accepting these Terms by contacting help@blotato.com.

15. Miscellaneous

These Terms constitute the entire agreement between you and Blotato. They are governed by the laws of the State of Utah, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Salt Lake City County, Utah.