Terms of Use

Last updated: January 16, 2022

Welcome, and thank you for your interest in Campaignity Technologies Ltd, also known as Socialclark and hereafter referred to as  “Socialclark”, “Campaignity”, “we,” or “us” in this agreement.

Socialclark and our websites socialclark.com and campaignity.com, along with all associated subdomains, or our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between You(User, Customer, Client) and Socialclark regarding your use of the Service.

Please read the following terms carefully

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE 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, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SOCIALCLARK’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES SOCIALCLARK MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS”). If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND SOCIALCLARK’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SOCIALCLARK AND BY YOU TO BE BOUND BY THESE TERMS.

Please read Socialclark’s Privacy Policy (https://socialclark.com/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The Socialclark Privacy Policy is incorporated by this reference into and made a part of, these Terms.

1. Service Overview

Socialclark at its core provides marketing services to you(our customers/clients)  for the purpose of reaching your marketing goals, with various methods, but majorly 3 services as follows;

  1. We create social media content for you in form of text and visuals for your use on Social media and other marketing channels you may find suitable.
  2. We provide a social media management application that enables you to post to multiple Social media channels by schedule or in real-time. In this service.
  3. We provide community management for your social media channels in order to achieve your marketing goals. 

We may provide you with other related services out of goodwill or agreement, through your request or our initiative, especially under circumstances that we determine such initiative/service is vital to achieving your marketing goal.

2. Eligibility

You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3. Accounts and Registration

  1. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information.
  2. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
  3. When you register, you will be asked to provide a password at the start or at some point as you continue to use the service.
  4. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
  5. If you believe that your account is no longer secure, then you must immediately change your password or notify us at hello@socialclark.com, especially in cases you believe to be related to hacking.

4. General Payment Terms

  1. While some of the features or services may be free to use, premium features and/or services will require you to pay fees upon registering to use such features or services.
  2. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged.
  3. All fees are primarily preferred and set to Uganda Shillings(UGX), but upon request can also accept U.S. Dollars.
  4. Paid fees are non-refundable and vary based on your selected package, with different pricing schemes.
  5. Payments may be made through Mobile money platforms like MTN and Airtel, Bank transfer, or by credit cards and other payment methods processed through third-party payment platforms such as Flatterwave.
  6. Payments are primarily Pre-Paid, which means we collect payments before your next subscription, and not after your previous subscription 
4.1 Price

Socialclark reserves the right to determine pricing for the Service. Socialclark will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://socialclark.com/pricing. Socialclark may change the fees for any feature of the Service, including additional fees or charges if Socialclark gives you advance notice of changes before they apply. Socialclark, at its sole discretion, may make promotional offers with different features and different pricing to any of Socialclark’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization & Auto payments

You authorize Socialclark to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Socialclark, to the payment method specified in your account. If you pay any fees with a credit card, Socialclark may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.3 Subscription Service and Cancellation Policy
  1. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Socialclark to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our pricing page.
  2. In all applicable cases, your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
  3. You may cancel the Subscription Service by contacting us through email at: hello@socialclark.com, and/or call us on +256 707 444 474. 
  4. You are requested but not obliged to inform us of cancelations at least 7 days before the cancellation in order to allow us time to adjust and inform our internal decisions about your strategy and other subscription related activities.
  5. Your subscription(s) is associated with your account and you can have more than 1(one) subscription in your account, which means canceling your subscription doesn’t mean deleting or deactivating your account, but the subscription.
  6. While you may lose direct access to all contents in/through Socialclark if your account is terminated or deleted by you or us, In the case that your subscription is canceled but your account is still active, you will still have access to both user content and the service’s content(The service’s content is content created by Socialclark as referred to in section 8, while User content is content created by you as referred to in section 9).
4.4 Delinquent Accounts

Socialclark may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

5. Licenses

5.1 Permission to Use

Subject to your complete and ongoing compliance with these Terms, Socialclark grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.

5.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.

5.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Socialclark an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including but not limited to improve the/our Service and create other products and services.

6. Proprietary Rights & Restrictions

The service and its components, including its general layout, look and feel, design, information, content, and other materials available thereon, are exclusively owned and operated by Socialclark and protected by intellectual property and other laws.

Users have no right, and specifically agree not to do the following with respect to the service or any part, component or extension and related subdomains, networks, mobile applications and networks: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Socialclark owns all right, title, and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.

7. Third Party Terms

7.1 Third-Party Services and Linked Websites

Socialclark provides tools through the Service that enable you to import and export information, including User Content, to and from third-party services, including through features that allow you to link your account on Socialclark with an account on third-party social network services, such as Twitter or Facebook. By using one of these tools, you agree that Socialclark may transfer that information to and from the applicable third-party service. Third-party services are not under Socialclark’s control, and we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Socialclark’s control, and Socialclark is not responsible for their content.

7.2 Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8. The Service’s Contents

Some features of the service may include or require Socialclark to provide you with content creation and/or curation in form of media and/or text, among others.

8.1 Content Processing and Sources

Contents presented to you by Socialclark are processed and created/curated by our internal team, technologies, and/or outsourced service providers, who may get inspiration from different sources and may gather ideas and/or resources from self, or people including from the internet where they may directly or indirectly copy or merge/modify such ideas and materials to form unique contents and concepts as part of the service.

8.2 Content Ownership

All final contents in the form of images, text, motion pictures and video presented by Socialclark that you approve approved is effectively your property and earns you the right to copy, reuse and modify.

8.3 Right to Showcase and Keep Copies.

Socialclark reserves the right to showcase contents and any/all concepts or work at any stage and states in any and/or all our marketing material including on Websites, magazines, and profiles or portfolios.

Socialclark reserves the right to keep copies of any/all possible contents/materials and/or states even if/after you have canceled/deleted your subscription or account for the purposes of showcasing, keeping accurate information in our systems, and other future use cases, not inclusive of your personal data.

8.4 Copyright and Infringement

While we do quality checks and are keen to identify and revise none copyright-free materials in contents we present to you for your revisions, as part of the service, all contents are created/curated by our in-house team and/or outsourced service providers to who we encourage to make use of copyright-free media/visuals they believe to be in public domain and/or on free stock libraries that grant you, them and us an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use the material for free, including for commercial purposes, without permission from or attributing the original creators.

Content processed and presented to you for revisions once approved, you unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork as approved are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Socialclark from any claim or suit arising from the use of such elements.

9. User Content

9.1 User Content Generally

Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.

9.2 Limited License Grant to Socialclark

By providing User Content to or via the Service, you grant Socialclark a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purposes of; (a) formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, (b) analyzing for the improvement of our service to you and/or other customers now and in the future.

9.3 Limited License Grant to Other Users

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

9.4 User Content Representations and Warranties

Socialclark disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorize Socialclark and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Socialclark, the Service, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Socialclark to violate any law or regulation; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment

The following serves as a guide to help illustrate generally the types of content that fall within the scope of Socialclark’s policy on Hateful Content, Threats of Physical Harm, and Harassment but is not exhaustive. This Section 9.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Socialclark may remove or refuse to publish or promote any User Content that violates the terms or policies of any third-party platform with which Socialclark’s Services integrate or interoperate.

Hateful Content includes:

Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.

A Threat of Physical Harm includes:

Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content.

Harassment includes:

  • Revealing someone’s personal information, also known as “doxxing”.
  • Online stalking, and bullying.
  • Wishes for physical harm directed at a person or persons.
  • Incitement of others to any of the previous items.

We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.

We also may suspend or terminate your account if we determine, at our sole discretion, that you are either:

  • An organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
  • A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.

Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

9.5 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish in the service, and will not be in any way responsible or liable for User Content. Socialclark may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Socialclark with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Socialclark does not permit copyright-infringing activities on the Service.

9.6 Monitoring Content

Socialclark does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Socialclark reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, we will still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

10. Roles and Responsibilities

Your involvement is required in our activities and processes in order to achieve the desired success/outcome from the service for you, This also means that our efforts to deliver some features of the service requires both your efforts and ours hence making it a partnership between you and us to deliver the outcomes that suit your desired success, especially in consideration of our activities and processes referred to in section 8 of this agreement.

10.1 Provide Necessary Resources & Information

Provide relevant resources, Information, and/or communications in form of visuals, text, or audio for the purpose of content creation and positioning you in the market. This information can include; text about your business, what you sell, images of your product and/or service, your goals using the service, competition, how you like to measure success and timely communication about upcoming events shall be primarily submitted through our application while registering, adding a new business or entity or subscription or updating existing entities or information, but may also be submitted through phone call, Instant messaging applications, remort or a physical meeting, or a combination of any/all the mentioned methods. We prefer the information as accurately as possible so as to give us a better understanding of the business.

10.2 Timely Responses to Queries

Through our process of providing the service, we may need clarifications, new information, materials, or activity from you and we expect that you will be able to respond to such queries as accurately as possible and in time.

10.3 Timely Revisions and Approvals

While it may be optional to review the content and other marketing materials and data we make for you, you are obliged to review content when specifically required to through communication from Socialclark.

Not reviewing of content in due time as determined by Socialclark will be considered as approval by default/automatic and therefore giving permission to Socialclark to go ahead and take the necessary actions in our processes.

10.4 Permissions to your Social media channels

Some features may be most useful to you when Socialclark is given access to your social media platforms usually through APIs(Connecting your socials to your account as to automatically schedule your posts) of the platforms and in some cases, providing login details or manually giving permissions to a Socialclark representative for such a service as Facebook boosting/Ads or social media community management.

In such cases that we need any access level, you are requested but not obliged to provide such access. If no access is provided, we shall still provide you with the service to the limit of our access.

10.5 Evaluation sessions

We may need an evaluation session with you where you can attend and participate by providing feedback, judgment, and your thoughts for the purposes including; forging resolutions as to how we may improve the service or your success or for our information. You are requested but not obliged to attend or participate in such meetings physically or remotely.

11. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
  • modify or create derivatives of any part of the Service;
  • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
  • take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Socialclark’s systems or networks, or any systems or networks connected to the Service or Socialclark;
  • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5 and 6) or any right or ability to view, access, or use any Materials; or
  • attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
  • request, or task Socialclark to do, engage or assist in any of the acts described in this Section 11.

12. Digital Millennium Copyright Act

12.1 DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act. If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us at the following:

Email: hello@socialclark.com

Phone: +256 704 359301

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
12.2 Repeat Infringers

It is Socialclark’s policy to promptly terminate the accounts of users that are determined by Socialclark to be repeat infringers.

13. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time and encourage you to check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service.

14. Term, Termination, and Modification of the Service

14.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.

14.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account and/or subscription on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

Socialclark reserves the right to and may at our sole discretion and judgment pardon your account and/or subscription upon review.

You may terminate your account and these Terms at any time as provided in this section of 14.2 and 4.3 or by contacting us through email at: hello@socialclark.com, and/or call us on +256 707 444 474.

Only terminating/deleting your account terminates these terms and terminating or deleting or canceling any or all of your subscriptions or business profiles does not terminate these terms.

14.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Socialclark any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 14.3, 15, 16, 17, and 18 will survive.

14.4 Modification of the Service

Socialclark reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Socialclark will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Socialclark is entitled but not obliged to make any refunds or deals available to you for any inconveniences caused by the modification of the service.

15. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify Socialclark and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Socialclark Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (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 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.

16. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SOCIALCLARK 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. SOCIALCLARK DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE OR ADVICE AND ACTIONS TAKEN BY SOCIALCLARK, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SOCIALCLARK 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 SOCIALCLARK ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SOCIALCLARK 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 AND YOUR DEALING WITH ANY OTHER SERVICE USER. 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) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

HOWEVER, SOCIALCLARK DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SOCIALCLARK IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SOCIALCLARK ENTITIES 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 ANY SOCIALCLARK ENTITY 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 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. General Terms

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Socialclark regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.1 Governing Law

This agreement will be subject to The Republic of Uganda jurisdiction, and you and Socialclark shall comply with all statutory regulations.

16.2 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.3 None Disclosure and Confidentiality

We always do and intend to keep and maintain confidentiality with respect to any confidential information received and classified as such for a period of at most 3 months after receiving it, regardless of its weight unless agreed otherwise.

For such information, we require you to give us a confidentiality information notice in writing and get a go-ahead response from us before disclosing it to us in any form. We reserve the right to declassify such information as confidential upon our sole determination of such information is in the public domain or inappropriate to be considered confidential at our own discretion, and you agree unconditionally to this term before submitting any confidential information.

For such information determined and classified as confidential, we intend to keep it as such and not disclose it without obtaining your prior consent, unless in compliance with statutory requirements.

16.4 International Use

Access to the Service from countries or territories or by individuals where such access is illegal is prohibited

16.5 Contact Information

The Service is offered by Socialclark, and you can contact us with the following information;

Location: 3rd Floor, Block B, Ntinda Complex, Ntinda – Kisaasi Rd, Kampala, Uganda

Email: hello@socialclark.com

Other Materials;

Our Privacy Policy: https://socialclark.com/privacy

Our Cookie Policy: https://socialclark.com/cookies