Social AI Supplementary
Terms & Conditions
Effective March 19, 2024
GetintheLoop’s Social AI is a Software-as-a-Service (SaaS) product that helps businesses manage their Facebook, Instagram, and other social media profiles (the “Social Accounts”) on Supported Platforms (the “Service”). The Service is offered as an add-on to an existing GetintheLoop Business account (the “Account”).
These supplementary terms and conditions govern the use of the Service. As the Service is accessed via an existing Account, GetintheLoop’s general Terms and Conditions for Businesses also apply to the use of the Service (collectively, the “Terms”).
These Terms are a binding agreement between you, the user of the the services described herein and any other individual, business or entity, employee or invitee of yours, (“you”, “yours”) and GetintheLoop Marketing Ltd. and it’s affiliated entities (“GetintheLoop”, “us”, “we”, “our”).
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS, IN ADDITION TO ANY OTHER TERMS AND CONDITIONS, PRIVACY POLICY, AND ADDITIONAL TERMS AND POLICIES GETINTHELOOP MAY PROVIDE FROM TIME TO TIME. If you are not eligible, or do not agree to the Terms, then you do not have permission to use the Service. YOUR USE OF THE SERVICE, AND GETINTHELOOP’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AND AGREEMENT BY GETINTHELOOP AND YOU TO BE BOUND BY THESE TERMS.
1. Description of Service
The Service provides automated social media management tools that generate and post social media posts automatically to your linked social media accounts at scheduled times.
The Service will automatically create new social media posts based on your active promotions, offers, discounts, loyalty programs, and other information about your business, business category, location, and products & services. The Service also allows you to manually create and edit social media posts. Together, these are the “Content” managed by the Service.
You can connect your social media accounts to the Service to allow Content to be posted automatically. Content is posted to connected accounts based on its scheduled time. You will be notified in advance of Content that is being posted automatically.
The Service will access data from your connected social media accounts about your account and the posts created through the Service. This data is stored and displayed in the Service to show the performance and engagement of the Content and the Service overall.
2. Eligibility
You must have an existing Account in good standing to access and use of the Service.
3. Social Media Account Access
The Service requires access to one or more connected social media accounts. We use this access to post and manage Content to your social media accounts on your behalf and to access performance and analytics data about your account and the Content.
Our access to your social media accounts may be moderated through 3rd party services. By using the Service you agree to allow any said 3rd party services access to your social media accounts.
You may withdraw access to your social media accounts at any time. You understand and agree that access to at least one social media account is required for the Service to function.
4. Fees & Payments
You may be required to pay additional fees upon registering for the Service. These additional fees and charges will be incorporated into any bills, invoices, payment terms, or subscriptions associated with your existing Account. Fees may vary depending on the plan, with different pricing schemes for individual users and organizations.
All other rules around Fees & Payments, and Termination continue to apply.
5. Content Licensing
GetintheLoop grants you a non-exclusive, royalty-free, non-transferrable license to host, store, transfer, reproduce, publicly display, and modify for the purpose of formatting for display, the Content generated by the Service.
GetintheLoop reserves the right to use any of the Content for its own purposes, including but not limited to, marketing, promotion, sales collateral, and product documentation.
6. Content Generation
You acknowledge and agree that the Service interfaces with certain third party services, including large language models provided by OpenAI, and may provide output, content, suggestions, or other material generated or produced by such third party services.
By accessing or using the Service, you acknowledge OpenAI’s privacy policy at Privacy policy, hereby agree to the following terms of OpenAI, which are incorporated into these Terms by reference:
a. OpenAI Terms of Service available at: https://openai.com/terms/.
You also acknowledge that you will carefully review Content before it is posted to your social media accounts.
GETINTHELOOP DOES NOT MONITOR OR CONTROL, AND IS NOT RESPONSIBLE FOR, ANY OUTPUT GENERATED BY THIRD PARTY SERVICES AND HEREBY DISCLAIMS ANY AND ALL LIABILITY RELATED THERETO.
7. Modification of the Service
GetintheLoop reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. GetintheLoop will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Service fees are not refundable.
8. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify GetintheLoop, its affiliates and their respective shareholders, managers, members, officers, employees, consultants, franchisees, owners, and agents (together, the “GetintheLoop Entities”) from any claim brought by a third party, and any related liability, damage, loss, and expense, including attorney’s fees and costs, arising out of or connected with: (a) your use, or misuse of, of the Service, whether authorized or unauthorized; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right (specifically, any violation of third-party’s trademark rights by your Start Page Domain Name) or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
9. Disclaimer of Warranty
THE SERVICE AND ALL CONTENT CREATED AND MANAGED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GETINTHELOOP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GETINTHELOOP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GETINTHELOOP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GETINTHELOOP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GETINTHELOOP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE AND ANY ACCOUNTS CONNECTED OR MANAGED THROUGH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and does not disclaim any warranty or other right that GetintheLoop is prohibited from disclaiming under applicable law.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GETINTHELOOP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETINTHELOOP HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Notice Regarding Meta
You acknowledge that these Terms are between you and Getintheloop only, not with Meta Platforms Inc. (“Meta”), and that Meta is not responsible for the Service.
Further you acknowledge that you are solely responsible for the Content posted through the Service, and GetintheLoop is not responsible for any account-related actions that Meta undertakes on any of your social media accounts as a result of using the Service. This includes, but is not limited to, account locking, account banning, shadow banning, post limiting, account verification requirements, and account closure / forfeiter.
You are solely responsible for the ensuring you meet any requirements from Meta to keep your social media accounts in good standing.
12. Modification of Terms
We reserve the right, at any time, to update or change any or all of these Terms, in our sole discretion. If we do so, we will post the updated Terms on https://getintheloop.ca. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of these Terms, which are currently available at https://getintheloop.ca/legal/business/social-ai-terms.
