Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Customer", "you", or "your") and iSocial Track ("iSocial Track", "we", "us", or "our") governing your access to and use of the iSocial Track platform, services, and related applications.

By creating an account, accessing, or using any part of the iSocial Track platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules applicable to specific services or features. If you do not agree to these Terms, you must immediately discontinue use of our services.

2. Service Description

iSocial Track is a Software-as-a-Service (SaaS) platform that enables businesses to monitor, analyze, and gain insights from social media discussions across multiple platforms to protect brand reputation, understand customer sentiment, and make data-driven decisions.

2.1 Core Platform Services

• Multi-platform social media monitoring (Facebook, Instagram, TikTok, YouTube, Twitter, forums)
• Real-time mention tracking and sentiment analysis
• Brand health monitoring and reputation management
• AI-powered insights and automated reporting
• Competitor analysis and market intelligence
• Crisis detection and alert systems
• Customer feedback collection and analysis
• Influencer discovery and tracking

2.2 Service Subscription Tiers

• Starter Plan: Individual users and small teams exploring social listening
• Professional Plan: Growing businesses requiring advanced analytics and features
• Enterprise Plan: Large organizations with custom requirements, dedicated support, and advanced security

2.3 Beta and Experimental Features

We may offer beta, preview, or experimental features ("Beta Features") that are clearly marked as such. Beta Features are provided "as is" without warranties and may be discontinued at any time. Your use of Beta Features is at your own risk and subject to additional terms we may provide.

3. Account Registration and Terms

3.1 Account Registration Requirements

To use iSocial Track, you must create an account by providing accurate, complete, and current information including:

• Full legal name and valid email address
• Company or organization information (for business accounts)
• Billing and payment details
• Accurate contact information for communications

3.2 Account Security and Responsibility

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials, API keys, and access tokens
• All activities, actions, and content monitored under your account
• Immediately notifying us of any unauthorized access, security breach, or suspicious activity
• Ensuring all account information remains accurate and up-to-date
• Compliance with all applicable laws and regulations in your jurisdiction

3.3 Eligibility Requirements

By creating an account, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into this binding agreement
• If registering on behalf of an organization, you have the authority to bind that entity to these Terms
• You are not prohibited from using our services under any applicable laws or sanctions
• All registration information you submit is truthful, accurate, and complete

3.4 Corporate and Team Accounts

For team or enterprise accounts, the account owner is responsible for:

• Managing user access, permissions, and roles within the workspace
• Ensuring all team members comply with these Terms
• All billing obligations and payment responsibilities
• Actions taken by any team member with access to the account

4. User Content and Intellectual Property Rights

4.1 Ownership of Your Content

You retain all rights, title, and interest in and to your original content, data, and materials, including:

• Brand names, keywords, and search queries you configure
• Custom reports, dashboards, and saved configurations
• Analytics data and insights generated from your monitoring activities
• Custom integrations and API configurations
• Proprietary business processes and methodologies

4.2 Limited License Grant to iSocial Track

By using iSocial Track, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

• Collect and analyze publicly available social media data on your behalf
• Process, store, and display monitoring results and analytics
• Generate AI-powered insights and reports based on collected data
• Provide technical support, troubleshooting, and service improvements
• Enable team collaboration and data sharing within your authorized workspace

This license terminates when you delete your content or close your account, except for backup copies retained according to our data retention policies.

4.3 iSocial Track Intellectual Property

All intellectual property rights in the iSocial Track platform, including but not limited to:

• Software code, algorithms, and AI models
• Platform design, user interface, and features
• Trademarks, logos, and branding materials
• Documentation, tutorials, and educational content
• Pre-built templates and workflows

remain the exclusive property of iSocial Track and its licensors. You may not copy, modify, reverse engineer, or create derivative works without express written permission.

4.4 Prohibited Content and Uses

You agree not to use iSocial Track to monitor or collect content that:

• Violates any intellectual property rights, copyrights, trademarks, or proprietary rights of third parties
• Infringes on individual privacy rights or violates data protection laws
• Contains illegal, fraudulent, defamatory, or harmful material
• Involves illegal activities, harassment, or stalking
• Violates platform terms of service of social media networks
• Promotes violence, terrorism, hate speech, or discrimination
• Violates export control laws or international sanctions

5. Payment Terms and Billing

5.1 Subscription Plans and Pricing

iSocial Track offers subscription-based pricing with monthly or annual billing cycles. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your selected subscription tier
• Automatic renewal at the end of each billing period unless cancelled
• Price changes with at least 30 days advance written notice
• Taxes, duties, and fees applicable in your jurisdiction

5.2 Free Trial and Promotional Offers

We may offer free trials or promotional pricing at our sole discretion:

• Free trials are limited to one per user or organization unless otherwise stated
• Trial accounts automatically convert to paid subscriptions unless cancelled before the trial ends
• Promotional pricing is subject to specific terms and expiration dates
• We reserve the right to modify or discontinue promotions at any time
• Abuse of free trials or promotional offers may result in account termination

5.3 Payment Processing and Authorization

• Payments are securely processed by third-party payment providers (Stripe, PayPal)
• You authorize us to charge your designated payment method for all applicable fees
• You must provide valid payment information and keep it current
• Failed payments may result in service suspension or account downgrade
• We are not responsible for fees charged by your financial institution

5.4 Refund and Cancellation Policy

• You may cancel your subscription at any time through account settings
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial months or unused portions of subscription
• Refunds may be issued at our sole discretion for service issues or errors
• Enterprise customers may negotiate custom refund terms in their agreement

5.5 Usage-Based Charges

Certain features may incur additional usage-based charges:

• Exceeding plan limits for mentions tracked, data processed, or keywords monitored
• Premium integrations or add-on services
• Custom reporting or professional services

6. Usage Guidelines and Restrictions

6.1 Acceptable Use Policy

You agree to use iSocial Track only for lawful, ethical business purposes. You must not:

• Reverse engineer, decompile, disassemble, or attempt to extract source code or AI models
• Use the platform to compete with, replicate, or create substitute services to iSocial Track
• Share, transfer, or resell account access without authorization
• Circumvent usage limits, security measures, or access controls
• Use automated scripts or tools to abuse the platform beyond intended use
• Interfere with or disrupt platform infrastructure, servers, or networks
• Attempt to gain unauthorized access to other users' accounts or data
• Use the service for harassment, stalking, or invasion of privacy
• Violate social media platforms' terms of service or data collection policies

6.2 Fair Use and Resource Limits

Each subscription plan includes defined usage limits to ensure fair access for all users:

• Number of keywords and mentions tracked per month
• Monthly data collection and processing limits
• Report generation and export quotas
• Team member seats and workspace capacity

Excessive usage beyond reasonable limits may result in temporary throttling, upgrade requirements, or additional charges.

6.3 Compliance with Laws and Regulations

You are responsible for ensuring your use of iSocial Track complies with:

• All applicable local, state, national, and international laws
• Data protection and privacy regulations (GDPR, CCPA, PDPA, etc.)
• Industry-specific regulations relevant to your business
• Social media platforms' terms of service and API usage policies
• Anti-spam, telecommunications, and marketing regulations

7. Service Availability and Modifications

7.1 Service Level and Uptime

We strive to maintain high service availability and reliability:

• Professional and Enterprise plans include 99% and 99.9% uptime SLAs respectively
• Scheduled maintenance windows are announced at least 48 hours in advance
• Emergency maintenance may be performed without advance notice
• Service credits may be issued for SLA violations as specified in your plan

7.2 Service Interruptions

Service may be temporarily unavailable due to:

• Planned maintenance, updates, and infrastructure improvements
• Technical difficulties, server outages, or system failures
• Third-party service provider disruptions (social media APIs, cloud infrastructure)
• DDoS attacks, security incidents, or force majeure events
• Changes to social media platform APIs or data access policies

7.3 Platform Modifications and Updates

We reserve the right to modify, update, or discontinue any aspect of our services:

• Add, modify, or remove features and functionality
• Change user interface, workflows, or platform architecture
• Update AI models, algorithms, and performance characteristics
• Modify integrations, APIs, or third-party service connections

We will provide reasonable notice for material changes that significantly impact your use of the platform, typically 30 days for substantial feature removals.

8. Data Processing and Analytics

8.1 Data Processing Agreement

When you use iSocial Track to process personal data from social media, we act as a data processor on your behalf:

• You remain the data controller responsible for lawful data collection
• We process data only according to your instructions and configuration
• Our Data Processing Agreement (DPA) is incorporated by reference
• We maintain appropriate technical and organizational security measures
• Subprocessors and service providers are listed in our Subprocessor Policy

8.2 AI-Powered Analytics

You acknowledge and understand that:

• AI sentiment analysis may not always be 100% accurate
• Automated insights require human review for critical business decisions
• AI performance varies based on language, context, and data quality
• You are responsible for validating AI-generated reports and recommendations

8.3 Social Media Data Collection

We collect only publicly available data from social media platforms:

• Public posts, comments, and mentions matching your keywords
• Publicly accessible user profiles and engagement metrics
• We do not access private messages, closed groups, or restricted content
• Data collection complies with each platform's terms of service and API policies

9. Limitation of Liability and Disclaimers

9.1 AI and Analytics Limitations

You expressly acknowledge and accept that:

• AI sentiment analysis may produce errors, inaccuracies, or unexpected results
• Automated insights require human review for critical business operations
• Social media data may be incomplete, delayed, or subject to platform restrictions
• No analytics system can guarantee 100% accuracy or completeness
• You are responsible for implementing appropriate validation and oversight

9.2 Third-Party Services and Social Platforms

• We are not responsible for changes to social media platform APIs or policies
• Third-party platforms may restrict, limit, or terminate data access at any time
• We do not control or endorse content monitored from social media platforms
• Social media platforms have their own terms and privacy policies

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO ISOCIAL TRACK IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• WE SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM YOUR MISUSE, UNAUTHORIZED ACCESS, OR VIOLATION OF THESE TERMS
• WE SHALL NOT BE LIABLE FOR DELAYS OR FAILURES DUE TO SOCIAL MEDIA PLATFORM API CHANGES OR RESTRICTIONS

9.4 Indemnification

You agree to indemnify, defend, and hold harmless iSocial Track and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms or applicable laws
• Your use or misuse of the platform and services
• Monitoring activities that violate privacy rights or platform terms
• Infringement of third-party intellectual property rights
• Unlawful data collection or processing activities

10. Account Termination and Suspension

10.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting customer support with a termination request
• Following the cancellation procedures in your account dashboard

Cancellation takes effect at the end of your current billing period. You remain responsible for all charges incurred prior to cancellation.

10.2 Suspension or Termination by iSocial Track

We may suspend or terminate your account immediately if you:

• Violate any provision of these Terms or applicable laws
• Fail to pay fees or charges when due
• Engage in fraudulent, abusive, or illegal activities
• Use the platform in ways that harm our systems, reputation, or other users
• Violate social media platforms' terms of service or data collection policies
• Breach security, circumvent access controls, or compromise platform integrity

10.3 Effect of Termination

Upon termination or expiration of your account:

• Your access to the platform and all features immediately ceases
• You have 30 days to export your data, reports, and configurations
• After 30 days, your data will be permanently deleted according to our retention policy
• All outstanding fees and charges remain due and payable
• Provisions that by their nature should survive termination remain in effect
• We may retain anonymized, aggregated analytics data for platform improvements

10.4 Data Retrieval After Termination

• Use account export tools to download reports, dashboards, and monitoring data
• Contact support within 30 days for assistance with data retrieval
• After the 30-day grace period, data recovery may not be possible
• Enterprise customers may negotiate extended data retention periods

11. Governing Law and Dispute Resolution

11.1 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Vietnam, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ho Chi Minh City, Vietnam, and you consent to the personal jurisdiction of such courts.

11.2 Informal Dispute Resolution

Before initiating formal legal proceedings, parties agree to attempt good faith resolution through:

• Direct negotiation between authorized representatives
• Escalation to senior management or executive leadership
• Mediation by a mutually agreed neutral third party

You must provide written notice of any dispute to [email protected] with a detailed description and proposed resolution within 30 days of the dispute arising.

11.3 Arbitration Agreement

If informal resolution fails, disputes shall be resolved through binding arbitration administered under commercial arbitration rules. Arbitration shall be conducted in English in Ho Chi Minh City, Vietnam, by a single arbitrator mutually agreed upon by the parties.

11.4 Class Action Waiver

YOU AND ISOCIAL TRACK AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR ANY FORM OF REPRESENTATIVE OR CONSOLIDATED PROCEEDINGS. This waiver applies to all claims and disputes unless prohibited by applicable law.

11.5 Exceptions to Arbitration

Either party may seek equitable relief in court for:

• Intellectual property infringement or misappropriation
• Unauthorized access to systems or data breaches
• Violation of confidentiality obligations
• Injunctive relief to prevent irreparable harm

12. Changes and Modifications to Terms

12.1 Right to Modify

We reserve the right to update, modify, or replace these Terms at our discretion. When material changes are made, we will:

• Provide at least 30 days advance notice via email to your registered address
• Display prominent notifications in the platform interface
• Update the "Last Updated" date at the top of these Terms
• Publish a summary of significant changes on our website

12.2 Acceptance of Changes

Your continued use of iSocial Track after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to changes:

• You must discontinue use before the effective date
• You may cancel your subscription without penalty within 30 days of notice
• You remain bound by the Terms in effect prior to the change for that period

12.3 Version History

Previous versions of these Terms are maintained and available upon request. Contact [email protected] to access historical versions or specific change logs.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and any additional agreements you enter into with iSocial Track, constitute the entire agreement between you and iSocial Track regarding your use of our services and supersede all prior agreements, understandings, and communications.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of iSocial Track.

13.4 Assignment

You may not assign, transfer, or delegate these Terms or your account without our prior written consent. iSocial Track may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

13.5 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and iSocial Track. Neither party has authority to bind the other or incur obligations on the other's behalf.

13.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of government authorities, network failures, or infrastructure outages.

13.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to international sanctions or export restrictions.