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Terms of Service

Effective Date: 01/06/2024

1. INTRODUCTION

1.1 These Terms and Conditions (“Agreement”) are entered into by SEABLUE SA (“We”, “Us”, or “Our”), a company incorporated and registered in Switzerland under registration number CHE-409.417.377, with its registered office at Rue Adrien-Lachenal 26, Geneva, Switzerland, 1207.

1.2 These Terms govern your access to and use of the subscription services provided by SEABLUE SA through the website FANSHAKE. By accessing and using the Service, you (“You” or “Your”) agree to be bound by these Terms. If You do not agree to these Terms, You should not use our services.

2. DEFINITIONS

2.1 "Customer" refers to any individual who subscribes to the service for personal use.

2.2 "Service" refers to all solutions provided by SEABLUE SA, including content exposure enhancement, audience analytics, and personalized outreach assistance through our exclusive partner ecosystem available through the Subscription Service.

2.3 "Subscription Service" refers to the premium membership package offered by SEABLUE SA, which includes reach amplification through manual distribution and demographic targeting analysis plus additional features, as outlined in the Subscription Page.

3. REGISTRATION

3.1 To access and use the Service, an account is automatically created on the Site (“Account”) and will contain certain registration information, including a valid email address, password, and payment information. You agree to provide accurate and complete information and to update this information as necessary to keep it accurate.

3.2 You must be of legal age and able to enter into binding contracts in your jurisdiction to subscribe to the Service. By creating an account, You represent and warrant that You meet these eligibility requirements.

3.3 By registering, you agree to being automatically enrolled in the Subscription Service, which provides ongoing access to audience interaction tools and related exposure enhancement services as described in these Terms and the Subscription Policy, subject to the termination policies detailed in these Terms.

4. CONDITIONS

4.1 Validity: Your subscription is valid only after We confirm payment pursuant. Access to the Service is strictly personal and non-transferable. You are responsible for maintaining the confidentiality of Your login credentials and for any activity conducted through Your Account.

4.2 Unauthorised Use: Sharing, transferring, or sublicensing Your Account or Service access is strictly prohibited. Any such actions may result in immediate termination without refund and potential legal action.

4.3 Use for Personal Development and Revenue Generation: The Service is engineered to enhance your exposure through manual, platform-compliant content amplification. While it may facilitate broader personal objectives such as revenue generation, no specific performance assurances are provided.

However, the following activities are strictly prohibited:

  • Using the Service for purposes unrelated to personal or social media growth, such as reselling or redistributing the service or its content.
  • Engaging in behavior that violates the terms of the platforms on which You are building Your social media presence.
  • Using the Service in ways that damage or denigrate Our reputation or violate applicable laws.
5. SOLUTION IMPLEMENTATION

5.1 All Solutions Usage Limitations: You agree to use the Solution exclusively for individual purposes related to advancing Your social media presence. As outlined in Article 4.3 and more specifically below, the following activities are forbidden and will both constitute a Violation of these Terms and a basis for potential legal proceedings:

  • Distributing or sharing methodologies, resources, or materials provided under the Solution.
  • Attempting to misuse the Solution for deceptive, illegal, or commercial purposes unrelated to individual development.
  • Using the Solution in any manner that breaches the terms and conditions of third-party platforms (e.g., social media platforms).
  • Participating in activities that may damage, disrupt, or compromise the quality of Our Solution, Platform, or infrastructure.

5.2 Trial Access: Specific purchases may include enrollment in a 24-hour trial membership. They may terminate during this time without being billed. This trial access is only available on certain purchases and exclusively upon acceptance of these Terms.

5.3 Membership Solution Access and Implementation: Upon membership confirmation and successful payment processing, You will receive:

  • Personalized amplification of your public content via our verified network of applications, communities, and influencers.
  • Reach analytics based on publicly accessible profile data.
For further information on any Membership Solution matters, please refer to our Membership Page.

5.4 Modification of Service: We reserve the right to modify, update, or discontinue any component of the Service at Our discretion, provided that such modifications do not materially diminish the value of the Service as outlined in these Terms. You will be notified of any significant changes via email at least 30 days in advance.

5.5 No Guarantees of Performance: The Service does not guarantee any specific engagement, follower growth, platform ranking, or income. Results vary based on your content quality, consistency, and audience relevance.

5.6 Payment Authorisation: By subscribing, You authorise SEABLUE SA to charge the subscription fee to the payment method provided at checkout.

5.7 Payment Methods Payments for the Subscription Service are processed through the Site using secure payment methods. SEABLUE SA uses third-party payment providers who comply with PCI DSS security standards. Your payment information is securely processed, and SEABLUE SA does not store your payment data.

6. INTELLECTUAL PROPERTY

6.1 Ownership of Content: All intellectual property rights related to the Site, Service, and associated materials (including but not limited to insights content and website design) belong exclusively to SEABLUE SA.

6.2 Limited License: By subscribing to the Service, You are granted a non-exclusive, non-transferable, revocable license to access and use the Service solely for personal purposes in accordance with these Terms.

6.3 Prohibited Uses: You may not reproduce, reverse-engineer, distribute, modify, create derivative works of, publicly display, or exploit any part of the Service without Our prior written consent.

6.4 Enforcement of Rights: We will take all legal and technical measures to protect Our intellectual property. Unauthorized use may result in immediate termination of Your subscription should You have one and potential legal action.

7. LIABILITY AND LIMITATIONS

7.1 Service Disclaimer: The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. This is subject to applicable laws and regulations.

7.2 Limitations of Liability: To the fullest extent permitted by law, SEABLUE SA shall not be liable for:

  • Any direct, indirect, incidental, or consequential damages resulting from Your use of or inability to use the Service.
  • Any loss of profits, revenue, data, or business opportunities arising from Your use of the Service.

7.3 Customer Responsibility: You acknowledge that the results of using the Service depend on factors beyond Our control, including but not limited to Your effort, adherence to strategies, and third-party platform algorithms.

7.4 Platform Compliance: We are not responsible for any actions taken by third-party platforms (e.g., social media sites) against Your accounts due to Your use of the Service. You are responsible for ensuring compliance with the terms of use of any third-party platform where You use visibility tools and services. You are responsible for ensuring that your use of FANSHAKE remains in accordance with the platform rules of TikTok, Instagram, and others.

7.5 Service Availability: While We strive to ensure uninterrupted Service, We do not guarantee that the Site or Service will be available at all times. Temporary interruptions may occur due to maintenance, technical issues, or factors beyond Our control.

8. PRIVACY POLICY - General Assurances

8.1 Security : Customer information is stored securely and handled in compliance with applicable laws. For further information, please refer to our Privacy Policy Page.

9. MISCELLANEOUS

9.1 Force Majeure : Neither party shall be liable for delays or failures to perform obligations under these Terms due to events beyond their reasonable control, including but not limited to natural disasters, acts of government, or technical failures.

9.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced with a valid provision that closely approximates the original intent.

9.3 Communication: All communications regarding these Terms must be sent to us at:

9.4 Governing Law and Jurisdiction: These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of Switzerland.

  • If you initiate a legal claim, it must be brought in the courts of Geneva.
  • If we initiate a legal claim, it will be brought in the courts of Your domicile.

9.5 Entire Agreement: These Terms constitute the entire agreement between You and Us regarding the Service, superseding any prior agreements or communications.