Terms of Service - SOCIALHOSE

1. Definitions

In these Terms of Service, the following terms shall have the meanings set forth below:

"Agreement" means these Terms of Service, including all schedules, exhibits, and documents incorporated by reference.
"Client," "you," or "your" means the individual or entity accessing or using the Services, whether personally or on behalf of an organization.
"Socialhose," "we," "us," or "our" means Socialhose, a company registered at 2101 Cedar Springs Rd, Dallas, TX 75201, United States.
"Services" means the social media monitoring, analytics, and related services provided by Socialhose through the Platform.
"Platform" means the Socialhose website at https://socialhose.net, including any mobile applications, APIs, and related software.
"Client Data" means any data, content, or information uploaded, submitted, or transmitted by Client through the Services.
"Collected Data" means publicly available social media content collected by the Services on behalf of Client.
"Personal Data" has the meaning given in the General Data Protection Regulation (GDPR) or applicable data protection laws.
"Subscription" means the selected service tier and associated features purchased by Client.
"Subscription Term" means the period during which Client has access to the Services under their selected Subscription.

2. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and Socialhose concerning your access to and use of the Platform and Services.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Acceptable Use Policy, which are incorporated herein by reference.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by posting the updated terms on the Platform and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised terms.

The Services are intended for users who are at least 18 years old and have the legal capacity to enter into binding agreements. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these terms.

3. Description of Services

Socialhose provides a comprehensive social media monitoring and analytics platform that includes:

3.1 Core Services

Media Monitoring: Real-time monitoring of online news, blogs, forums, and social media platforms for mentions of specified keywords, brands, or topics.
Social Media Monitoring: Tracking and analysis of social media conversations across platforms including Twitter/X, Facebook, Instagram, LinkedIn, Reddit, and TikTok.
Sentiment Analysis: AI-powered analysis of collected content to determine sentiment (positive, negative, neutral) and emotional tone.
Analytics Dashboards: Customizable dashboards for visualizing monitoring data, trends, and performance metrics.
Alerts and Notifications: Automated alerts for significant mentions, sentiment changes, or crisis detection.
Reporting: Automated and on-demand report generation for campaign performance and insights.

3.2 Service Availability

We strive to maintain 99.9% uptime for the Services. However, we may temporarily suspend access for maintenance, updates, or security purposes. We will provide advance notice of planned maintenance when reasonably possible.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. Material changes that negatively impact your use will be communicated with reasonable advance notice.

4. Account Registration and Security

4.1 Registration Requirements

To access the Services, you must:

Create an account with accurate, complete, and current registration information
Provide a valid email address for account communications
Be at least 18 years old or the age of majority in your jurisdiction
Have the legal authority to enter into these Terms on behalf of yourself or your organization

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Immediately notifying us of any unauthorized access or security breach
Ensuring that your account information remains accurate and up-to-date

We implement industry-standard security measures but cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your information at your own risk.

4.3 Organization Accounts

For organization accounts, the account administrator has the authority to manage team members, assign roles, and control access permissions. Team members added to an organization account are bound by these Terms and any organization-specific policies.

5. Subscription Plans and Fees

5.1 Subscription Tiers

We offer various subscription plans with different features, usage limits, and pricing. Current plans and pricing are available on our Pricing page. Features include but are not limited to:

Number of active campaigns
Monthly mention collection limits
Number of team members
AI-powered features and enrichment
Historical data access
API access and integrations
Priority support levels

5.2 Free Trial

We may offer a free trial period for new users. At the end of the trial, you must subscribe to a paid plan to continue using the Services. We reserve the right to modify or discontinue the free trial at any time.

5.3 Usage Limits

Each subscription plan includes specific usage limits. If you exceed your plan limits, you may:

Upgrade to a higher-tier plan
Purchase additional capacity
Have certain features temporarily restricted until the next billing cycle

5.4 Price Changes

We reserve the right to modify pricing at any time. Price increases will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle. If you do not agree to a price increase, you may cancel your subscription before the new pricing takes effect.

6. Payment Terms

6.1 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. All fees are quoted in US Dollars unless otherwise specified.

6.2 Payment Methods

We accept major credit cards and other payment methods as displayed during checkout. Payment processing is handled securely by Stripe. By providing payment information, you authorize us to charge the applicable fees to your payment method.

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel auto-renewal through your account settings or by contacting support.

6.4 Failed Payments

If payment fails, we will attempt to process the payment using alternative methods or retry the charge. We may suspend access to the Services if payment remains unsuccessful after reasonable attempts to collect.

6.5 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds or credits at our discretion in cases of service issues or as required by applicable law. Annual subscriptions cancelled mid-term are not eligible for prorated refunds unless otherwise agreed in writing.

6.6 Taxes

Fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or governmental assessments associated with your use of the Services, excluding taxes based on our net income.

7. Client Obligations

7.1 Acceptable Use

You agree to use the Services in compliance with these Terms, our Acceptable Use Policy, and all applicable laws and regulations. You shall not:

Use the Services for any unlawful purpose or in violation of any laws
Attempt to gain unauthorized access to the Services or related systems
Interfere with or disrupt the Services or servers
Use automated systems to access the Services beyond authorized API usage
Reverse engineer, decompile, or disassemble any portion of the Services
Resell, sublicense, or redistribute the Services without authorization
Use collected data in ways that violate third-party rights or platform terms of service
Engage in any activity that could harm Socialhose, other users, or third parties

7.2 Compliance with Laws

You are responsible for ensuring that your use of the Services complies with:

All applicable data protection and privacy laws (including GDPR and CCPA)
Terms of service of monitored social media platforms
Intellectual property laws and third-party rights
Export control and sanctions regulations

7.3 Data Accuracy

You are responsible for the accuracy of any data you input into the Services, including keywords, search parameters, and contact information. Inaccurate configurations may affect service quality.

7.4 Cooperation

You agree to cooperate with us in investigating any suspected violations of these Terms or any applicable laws. This includes providing information reasonably requested to resolve issues.

8. Intellectual Property Rights

8.1 Socialhose IP

The Platform, Services, and all related content, features, functionality, software, source code, databases, designs, graphics, logos, and trademarks (collectively, "Socialhose IP") are owned by or licensed to Socialhose and are protected by copyright, trademark, patent, and other intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in the Socialhose IP except for the limited license to use the Services as expressly permitted.

8.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during the Subscription Term. This license does not include the right to:

Modify, copy, or create derivative works of the Services
Sublicense, sell, resell, or otherwise transfer the Services
Use the Services for competitive analysis or to develop competing products
Remove or alter any proprietary notices or labels

8.3 Client Data

You retain all rights to your Client Data. By using the Services, you grant us a limited license to use, process, and store your Client Data solely to provide the Services and as otherwise described in our Privacy Policy.

8.4 Collected Data

Collected Data consists of publicly available content from third-party sources. Your use of Collected Data must comply with the original content creators' rights and the terms of service of the platforms from which data is collected.

8.5 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant us an unlimited, perpetual, irrevocable license to use such feedback for any purpose without compensation to you.

9. Data Privacy and Compliance

9.1 Privacy Policy

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Processing Agreement

For clients subject to GDPR or other data protection regulations requiring a Data Processing Agreement (DPA), we provide a standard DPA that can be executed upon request. The DPA sets forth our obligations as a data processor acting on your behalf.

9.3 GDPR Compliance

We are committed to GDPR compliance for personal data of EU/EEA residents. We act as a data processor when processing personal data on your behalf and implement appropriate technical and organizational measures to protect such data.

9.4 CCPA Compliance

For California residents, we comply with the California Consumer Privacy Act (CCPA). We act as a "service provider" under CCPA and process personal information only for the purposes specified in our agreement with you.

9.5 International Data Transfers

The Services are hosted in the United States. If you access the Services from outside the US, your data may be transferred to, stored, and processed in the US or other countries. We use appropriate safeguards for international data transfers, including Standard Contractual Clauses.

9.6 Data Security

We implement industry-standard security measures including encryption, access controls, and regular security assessments. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

10. Confidentiality

10.1 Confidential Information

"Confidential Information" means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

10.2 Obligations

Each party agrees to:

Protect the other party's Confidential Information using the same degree of care used to protect its own confidential information (but no less than reasonable care)
Use Confidential Information only for purposes of this Agreement
Not disclose Confidential Information to third parties without prior written consent

10.3 Exclusions

Confidential Information does not include information that:

Is or becomes publicly available through no fault of the receiving party
Was rightfully known to the receiving party before disclosure
Is independently developed by the receiving party
Is disclosed pursuant to a valid court order or legal requirement

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that:

The Services will perform substantially in accordance with their documentation
We have the right to provide the Services
We will provide the Services with reasonable skill and care

11.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

The Services will be uninterrupted, error-free, or secure
All data collected will be complete, accurate, or available
The Services will meet all your specific requirements
Data from third-party platforms will always be accessible

11.3 Third-Party Content

The Services collect and display content from third-party sources. We are not responsible for the accuracy, completeness, or reliability of third-party content. Such content is subject to the terms and policies of the originating platforms.

11.4 Beta Features

Beta or experimental features are provided "as is" without any warranty. Such features may be modified or discontinued at any time without notice.

12. Limitation of Liability

12.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOCIALHOSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO SOCIALHOSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

12.3 Basis of the Bargain

The limitations of liability in this section reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between the parties. The Services would not be provided without these limitations.

12.4 Exceptions

These limitations do not apply to liability arising from: (a) your breach of the Acceptable Use Policy; (b) your indemnification obligations; (c) either party's gross negligence or willful misconduct; or (d) any liability that cannot be limited by applicable law.

13. Indemnification

13.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Socialhose and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Services
Your violation of these Terms or any applicable law
Your Client Data or any content you submit through the Services
Your violation of any third-party rights
Any disputes between you and third parties related to the Services

13.2 Indemnification Process

We will promptly notify you of any claim subject to indemnification. You will have the right to control the defense of any such claim, provided that we may participate with counsel of our choosing at our expense. You may not settle any claim without our prior written consent.

14. Term and Termination

14.1 Term

These Terms remain in effect until terminated. Your Subscription Term begins when you subscribe and continues for the selected billing period, automatically renewing unless cancelled.

14.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will be effective at the end of your current billing period. You will retain access to the Services until the end of your paid period.

14.3 Termination by Socialhose

We may terminate or suspend your access to the Services immediately, without prior notice, if:

You breach these Terms or the Acceptable Use Policy
You fail to pay fees when due
We are required to do so by law
We determine that your use poses a risk to the Services or other users
Your account has been inactive for an extended period

14.4 Effects of Termination

Upon termination:

Your access to the Services will be immediately revoked
Your Client Data may be deleted after a reasonable retention period (typically 30 days)
You remain liable for any outstanding fees
Sections of these Terms that by their nature should survive will continue in effect

14.5 Data Export

Prior to termination, you may export your data using the available export features. After termination, we have no obligation to maintain or provide access to your data unless required by law.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@socialhose.net to attempt to resolve any dispute informally. We will attempt to resolve disputes through good-faith negotiation for a period of thirty (30) days.

15.3 Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Dallas, Texas. The arbitrator's decision shall be final and binding.

15.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, and any applicable order forms or service agreements, constitute the entire agreement between you and Socialhose regarding the Services and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on the Platform. You may provide notices to us by email at legal@socialhose.net or by mail to our address below. Notices are effective upon receipt or posting.

16.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Socialhose. Neither party has authority to bind the other or incur obligations on the other's behalf.

16.8 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in a country subject to US embargo or designated as a "terrorist supporting" country, and you are not listed on any US government list of prohibited or restricted parties.

16.9 Government End Users

If you are a US Government end user, the Services are provided as "Commercial Items" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Socialhose
2101 Cedar Springs Rd
Dallas, TX 75201
United States