Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the SmartPanel platform ("Service") operated by SmartPanel ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, making a purchase, or otherwise accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.
2. Description of Service
SmartPanel is a social media marketing (SMM) panel that provides users with the ability to purchase social media engagement services, including but not limited to followers, likes, views, comments, and other engagement metrics across various social media platforms. The Service acts as an intermediary between users and third-party service providers.
We do not guarantee specific results from any service purchased through our platform. The effectiveness of services may vary depending on the social media platform's policies, algorithms, and other external factors beyond our control.
3. Account Registration
To use certain features of the Service, you must create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must be at least 18 years of age to create an account and use the Service. By using the Service, you represent and warrant that you meet this age requirement. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
4. Wallet and Payments
The Service operates on a prepaid wallet system. You must add funds to your account wallet before placing orders. All payments are processed securely through Stripe, our third-party payment processor. By making a payment, you also agree to Stripe's terms of service.
Payment Terms:
- a. All prices are listed in US Dollars (USD) unless otherwise stated.
- b. Funds added to your wallet are non-refundable except as described in our Refund Policy (Section 6).
- c. We reserve the right to change service prices at any time without prior notice.
- d. You are responsible for any taxes applicable to your purchases.
- e. Promotional credits and coupon discounts are subject to their specific terms and conditions.
5. Orders and Service Delivery
When you place an order, you agree to provide accurate information including the correct social media URL or username. We are not responsible for orders placed with incorrect information. Orders are processed automatically and delivery times may vary depending on the service type, quantity, and current demand.
We make reasonable efforts to fulfill all orders in a timely manner. However, we do not guarantee specific delivery times or completion rates. Service delivery may be affected by factors including but not limited to: social media platform policy changes, API limitations, server maintenance, and third-party provider availability.
The account or content you submit for service delivery must be set to public. We cannot process orders for private or restricted accounts. You are solely responsible for ensuring your account settings allow for service delivery.
6. Refund Policy
Refunds are handled on a case-by-case basis. You may be eligible for a refund or credit if:
- a. An order has not started processing within 72 hours of placement.
- b. The delivered quantity is significantly less than the ordered quantity and no further delivery is possible.
- c. A service was delivered to the wrong account due to a system error (not user error).
Refunds are not available for completed orders, partially completed orders where the remaining amount is less than the minimum order quantity, or orders cancelled by the user after processing has begun. To request a refund, please submit a support ticket through your dashboard.
7. Prohibited Uses
You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, or impair the Service. Specifically, you agree not to:
- a. Use the Service to engage in any activity that violates the terms of service of any social media platform.
- b. Attempt to reverse-engineer, decompile, or disassemble any part of the Service.
- c. Use automated scripts, bots, or other tools to interact with the Service without authorization.
- d. Create multiple accounts for the purpose of abusing promotions or circumventing restrictions.
- e. Resell our services without explicit written permission.
- f. Use the Service for any fraudulent, deceptive, or malicious purpose.
- g. Attempt to gain unauthorized access to other users' accounts or our systems.
8. Intellectual Property
The Service and its original content, features, and functionality are owned by SmartPanel and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written consent.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
We do not guarantee that the engagement or followers obtained through our Service will remain permanently. Social media platforms may remove followers, likes, or other engagement at any time according to their own policies.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTPANEL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless SmartPanel and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
12. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Any funds remaining in your wallet at the time of termination due to a breach of these Terms may be forfeited.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SmartPanel operates, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
15. Contact Information
If you have any questions about these Terms of Service, please contact us through the support ticket system available in your dashboard, or reach out to our support team through the contact information provided on our website.