Terms of Service
Please review these Terms of Service carefully as they apply to the services on the Citaldel website at “*www.citaldel.com” (“Site”, Citaldel”) and your use of the Site. By using or accessing the Site, you expressly consent to each of these Terms of Service which forms a legally binding agreement between you and Citaldel Media LLC, a USA Company (“We”, “Us”, “Our”).
- The present Terms and Conditions are intended to govern all relations between Citaldel and any natural or legal person using the website accessible at “*.citaldel.com”, including all subdomains”
- Citaldel offers i) to any user the right to use some services free of charge and ii) to the users acting as professionals, the possibility to subscribe to premium versions i.e. “Method Growth”,“ Pay Per Click Administration, Digital Marketing or other services upon payment of a price.
- The premium version contains different packages offered by Citaldel on the site or custom made services to answer the professional clients’ specific needs.
Acceptance of Terms
- By using Citaldel, you automatically agree to these Terms, so you should first read them carefully. If you don’t wish to accept all Terms then please don’t use our service. Our Services 1. The Citaldel Media Method Growth is a consulting and Instagram/Twitter/Pinterest engagement service to grow real followings
- Digital marketing services and consulting
- We may change these services or provide other services through the Site from time to time. We reserve the right to make changes and update any information or content of the Site and the services offered without any prior notice.
- Unless stated otherwise, all services are provided based on the subscription package the user select. The terms of these packages are subject to change without any prior notice
- You are required to register with our site and pay any fee charged to receive the full services
- Before using the Services, the User shall create an Account. To create her/his Account, the User needs to enter his/her Login Details.
- The User is fully liable for keeping his Login Details confidential. The User shall not use the Account or the Login Details of another User, nor to disclose his Login Details to a third party.
- The User is solely liable for any use of his/her Account by himself or by any third party. Citaldel shall not be liable for any misuse or fraudulent use of the User’s Login Details.
- In order to ensure the security of the Site and to prevent all fraudulent intrusion of unauthorized persons, passwords must consist of at least 8 characters (including numbers, special characters, etc.). The User is encouraged to change the password on a regular basis.
- After accessing her/his User’s Account, the User must log out by clicking the button “Log out” so that no unauthorized person can access it. Citaldel cautions the User to be careful, especially when he signs in from a public computer (libraries, universities, etc.).
- Any instructions received by Citaldel which include User’s Login Details shall be presumed to have been submitted by the User.
- The User shall inform Citaldel immediately if some or all of the User’s registration information changed or is no longer valid. The User shall notify Citaldel by email of any modification.
- The Users who are already registered are only required to enter their email address and password.
- The entering of this information by the User is deemed as a proof of his/her connection to the Site.
Creation of an Account to access the Free Version
- The Account is available to any User after providing an email, Instagram/Twitter/Pinterest Login details and password.
- Once the User has created her/his Account he/she can sign in directly by entering her/his Login Details.
Creation of an Account to access the Free trial or the Premium Version
- All client who wants to access the Free trial or the Premium Version needs to create an Account.
- The Account is available to any client after providing their identity, email, password, and their valid credit card number
- Once the client has created her/his Account he can sign in directly by entering his Login Details.
Addition of an Instagram/Twitter/Pinterest username: When the User creates its User’s Account, it must add at least one Instagram/Twitter/Pinterest’s username via Instagram/Twitter/Pinterest connect.
Multi accounts: The Professional Clients who subscribe to the Premium Version are allowed to create multi-accounts, meaning that each User can use multiple Instagram/Twitter/Pinterest usernames.
There is a limit of one email per Instagram/Twitter/Pinterest account
- We require use of third-party websites, services and API to provide Our services through the Site. Therefore, We require that your use of the Site be in compliance with all applicable terms of usage, including:
- The Site contains links to third-party sites. When you click on any link that takes you outside of the Site, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing.
- We, Our affiliates, members, employees and agents will not be responsible or liable for the content, activities, offerings, privacy practices or terms of usage of other websites.
- You agree to not use the Site and Our services to: solicit login information or access an account belonging to someone else; bully, intimidate, threaten, or harass any user; do anything unlawful, misleading, malicious, or discriminatory; violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; cause a breach of contract between you and a third party; do anything that could disable, overburden, or impair the proper working or appearance of the Site (in Citaldel’s sole discretion); and/or facilitate or encourage any violations of these Terms of Service.
- You are solely responsible for complying with all, and may not use the Site for activities that violate any, laws, statutes, ordinances or regulations. This includes but is not limited to all applicable laws regarding online conduct.
- You agree not to use, or to encourage or permit others to use the Services in contravention of any applicable law, statute, ordinance and/or regulation or in breach of Citaldel’s rights or the rights of any third party.
On of the Site
- Citaldel offers to the Users the possibility to use certain Services free of charge such as:
- Using the following features through the Site:
- Access to premium blog content
- 3-Day Free Trial for Method Growth
- The Users who are not subscribing to the Premium Version have a limited access to Citaldel Services.
Subscription to Citaldel Growth Services
- Citaldel offers Users the option to subscribe to 30-Day Growth Services or annual plans.
- Growth Services allows the Users work with us and target an audience to grow their Instagram/Twitter/Pinterest account.
- Users can subscribe to a monthly or yearly Growth Service plan.
Subscription to Marketing Services
Digital Marketing Services
- Citaldel offers Users the option of subscribing to digital marketing services by Citaldel
- These services offer more than the Free Version as described more specifically dependent upon the specific.
- Content and Advertising packages may be purchased by monthly or annual subscription.
- Citaldel offers Users the option of subscribing to Citaldel Coaching and Consulting Packages
- Citaldel’s Coaching and Consulting Packages offers more Services than the Free Version
- The Coaching package may be purchased by monthly or annual subscription.
The features offered by Citaldel to the Users subscribing to Coaching /Consulting Packages are:
- Detailed brand consulting and expert recommendations
- Results may include Instagram/Twitter/Pinterest user activity, hashtag results, and engagement; and recommendations
- Before starting the Free Trial, the Client shall complete a form identifying themselves and providing their Instagram/Twitter/Pinterest information
- Citaldel shall in its sole discretion determine if the Client is eligible to start a Free Trial. Eligibility criterion shall be as determined by Citaldel in its sole and absolute discretion. No specific representation, promise, or warranty to give or provide a Free Trial to any User is made or intended.
- The Client agrees and accepts to receive emails and calls from Citaldel during the Free Trial in order to assist it in using the Services. Citaldel will confirm the payment and switch the client from Free Trial to Paid Services if the Client has been contacted in the final 24 hours of the trial by email, but did not respond to the correspondence. We typically will extend the trial or refund any charges made without response, but this is up to Citaldel’s discretion. Citaldel may contact the Client if it notices that, few days after having requested his Free Trial, the Client did not start to use Services yet.
- At the end of the Free Trial, if the Client chooses not to subscribe to a Paid Version, it will be redirected to the Free Version of the Site and will not have further access to the Paid Version’s features.
- Citaldel shall take reasonable steps to save all the data registered by the Professional Client during the Free Trial and for three months thereafter for use with any subscription, if purchased, to the Premium Version. After the term of this period, the Professional Client will not be able to use or access this data. Citaldel makes no warranty regarding, and shall have no liability to any User for, data inputted during a Free Trial that is lost before, during, or after the conversion to a Paid Version.
Custom Made Services
- Citaldel may provide custom- services to the clients who have specific needs.
- Custom-Made Services shall be provided pursuant to either i) the payment of a monthly or yearly fee or ii) the payment of a fixed price.
- The Client interested in Custom Made Services shall contact Citaldel by email, phone or by live chat. No promise or warranty is made that any specific Custom Made Service is available or can be provided or with respect to any charge for any Custom-Made Service.
- The Custom-made services price will be set as custom quotes after discussing requirements with client.
The Client who wishes to purchase Services shall:
- Select on the Site the Service it wishes to order (the “Order”);
- Acknowledge, or, if applicable, adjust, the total price and the information required to pay the Order; and,
- Confirm the Order, subject to prior acceptance of these Terms. The Order will be validated upon payment. The Professional Client will receive an acknowledgment of receipt of the Order and the terms thereof by email.
Intellectual Property Rights
- The Site, the Services, and any software, hardware, platform, server, code, or other materials used in connection with the Site and the Services (collectively “the Proprietary Materials”) all of which are owned by Citaldel and/or its affiliates contain proprietary and confidential information not available to the public and protected by intellectual property and trade secret laws, including without limitation the Uniform Trade Secrets Act as well as trademark and copyright protections. Subject to your continued compliance with the terms of this Agreement, including without limitation payment of all sums due hereunder, Citaldel hereby grants to you a non-exclusive, non-transferable license to use the Site and the Services on a computer. You shall not, by or through any representative, agent, employee, director, officer, shareholder, partner, member, or third party, reverse engineer, reverse assemble, attempt or purport to discover any source code; sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Proprietary Materials; copy, modify, rent, lease, loan, sell, distribute, or create derivative works of (or based on) the Proprietary Materials, in whole or in part; or use modified versions of the Proprietary Materials, including without limitation obtaining unauthorized access to the Site or the Services. You may access the Site only through the interfaces provided by or through Citaldel. No documents obtained on or through the Site or the Services may be copied, reproduced, distributed, republished, downloaded, displayed, disseminated or transmitted in any form whatsoever or by any means whatsoever, including, without limitation, electronic or mechanical means, photocopying or recording, without the prior written authorization of Citaldel or of the holder of the rights.
Violation of Intellectual Property Rights
- If the User has reason to believe that a copyright it owns has been violated, he must notify Citaldel as soon as possible. via U.S. Mail to: 17938 Burbank Blvd. #7 Encino, California 91316 The User must provide all the following information to Citaldel: The precise localization of the Content with the URL, identifying information and email address of the User,
- a sworn statement in which the User warrants that the use is not authorized by the owner, his legal representative, or by law, proof of the illegality of the Content, and any information relevant that could help Citaldel to determine the violation of intellectual property
- Once the foregoing has been submitted in full, Citaldel will remove the illegal Content or render it inaccessible and notify the publishing party that the Content has been blocked or deleted.
- By posting or otherwise making visible any content on the Site, you represent and warrant that: (i) you own the content or otherwise have the right to grant Us the license as stated above, (ii) the posting and use of your content does not violate this Terms of Service. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Site, and shall hold Citaldel harmless and indemnify it for same.
- The Site also contains Our content, third-party content and content of other Users. Except as provided within this Terms of Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
- The Site performs technical functions necessary to offer the services, including but not limited to transcoding and/or reformatting content to allow its use throughout the Site.
- You agree to defend, indemnify and hold Us including Our employees, officers, agents and contractors and Our related bodies corporate and their employees, officers, partners, agents and contractors harmless from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including costs and attorney’s fees) arising from: Your use of and access to Citaldel services; your violation of this Terms of Service; . your violation of any third party right such as copyright, property, or privacy right; or, any claim that use of the Citaldel services by you or anyone else caused damage to a third party.
- This indemnification obligation will survive after the termination of this Terms of Service.
USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SITE AND THE SERVICES, INCLUDING THE PRODUCT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. Citaldel EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY GOODS OR TANGIBLE MATERIALS PROCURED OR OBTAINED THROUGH THE WEBSITE, REGARDLESS OF ORIGIN, MANUFACTURER, OR PRODUCER, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. Citaldel EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT (i) ANY INFORMATION OR ADVICE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED AS A RESULT OF THE USE OF THE SITE OR THE SERVICES WILL MEET LICENSEE’S EXPECTATIONS, AND (iii) ANY ERRORS THAT IMPAIR THE FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE REPAIRED.LICENSEE ASSUMES ALL RISK OF LOSS FROM DAMAGE TO ITS COMPUTERS, SOFTWARE, HARDWARE, DRIVES, CODE, DATA, INFORMATION, CONTENT, INTELLECTUAL PROPERTY, AND OTHER PROPERTY OF ANY NATURE WHATSOEVER CAUSED IN ANY MANNER OR BY ANY METHOD FROM MATERIAL
TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT USING THE SITE. YOU ASSUMES ALL RISK OF LOSS CAUSED BY VIRUSES, MALWARE, WORMS, OR OTHER PROGRAMS OR MATERIALS TRANSMITTED BY OR THROUGH THE SITE.
- We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Site. You may provide Us with notices by email to support@theCitaldel.com
- These Terms of Service supersedes any prior agreements between you and Us for the use of Our services.
- Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service remain in full force and effect.
- You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.
- These Terms of Service are subject to change at any time without notice. To make sure you are aware of any changes, please review it periodically.
- Citaldel is not affiliated with Instagram/Twitter/Pinterest, Facebook or any Instagram/Twitter/Pinterest third-party partners in any way. This product uses the Instagram/Twitter/Pinterest API but is not endorsed or certified by Instagram/Twitter/Pinterest. All Instagram/Twitter/Pinterest™ logos and trademarks displayed on this application are property of Instagram/Twitter/Pinterest.
- It is your sole responsibility to comply with Instagram/Twitter/Pinterest rules and all applicable law. You use Citaldel at your own risk.
- We have no liability, and you waive any claim against Us, if your Instagram/Twitter/Pinterest account is banned for any reason. We require your Instagram/Twitter/Pinterest username and password to obtain required information for Instagram/Twitter/Pinterest API. We don’t store, give away, or otherwise distribute your password to any third parties.
- The expected amount of followers, likes and comments is not guaranteed..
- We are not responsible if your account with Us or your Instagram/Twitter/Pinterest account are affected by spam or fake or inactive followers.
- You agree that upon purchasing our service, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal or Stripe
Payment Terms & Conditions
- To receive the Services, the Client must pay in full the amount stated on the day of placing the Order through one of the following payment methods:
- Credit Card
- There will be no charge during the 3-Day Free Trial. Once the 30-Day service has started, it cannot be refunded to the Client wishing to terminate its subscription.
- No service will be provided in the absence of payment.
- Citaldel shall have the right to charge the Client Card or debit from your account through ACH for Fees in accordance with these Marketing Services and the Terms of Service. You understand and acknowledge that all amounts owed must be paid in advance and that, in addition to being in breach of your contractual obligations, your campaign or service may be paused or terminated if timely payment is not received.
- Cancellation Fees Unless otherwise provided in the Product Terms, if you wish to cancel any Marketing Service immediately without completing the applicable term described above with the exception of Method Growth Services, you may do so, but you will have to pay a cancellation fee equal to 50% of any unpaid portion of such Marketing Service’s term (the “Cancellation Fee”). The following are two examples:
- If you wish to cancel a Citaldel Media campaign with an Initial Term of 12 Cycles at $2,000 per Cycle after 9 Cycles, you will be obligated to pay a $3,000 Cancellation Fee (which is 50% of the unpaid portion of the Initial Term).
- If you wish to cancel a Citaldel Media PPC campaign with an Initial Term of 12 Cycles at $2,000 per Cycle after 13 Cycles, you will be obligated to pay a $1,000 Cancellation Fee (which is 50% of the amount owing through the one Cycle notice period described above).
Citaldel may, consistent with established payment practices, charge the Client Card or shall be permitted to cause payment to be made through ACH for the Cancellation Fee or Citaldel may invoice you for the Cancellation Fee, which invoice must be paid within seven (7) business days after the invoice date. No cancellation of an Service Agreement under this section shall take effect until the Cancellation Fee has been paid, meaning that Citaldel may continue the campaign, and you shall continue to be obligated to pay for the campaign in accordance with the terms of this Agreement.
You acknowledge that the Cancellation Fee is not a penalty, but rather is a reasonable amount of liquidated damages to compensate Citaldel for your early cancellation for all Marketing Services with the exception of our Method Growth Services.
- Campaign Pauses. Citaldel may pause a Media Product campaign at any time for operational reasons. You may also request a pause in a campaign, however, it will be in Citaldel ‘s sole discretion to determine if a campaign pause is appropriate. If you request to pause your campaign and the campaign is paused for more than 30 days, you will have to pay an additional Campaign set-up Fee to restart the campaign. Citaldel may charge the Client Card or shall be permitted to cause payment to be made through ACH for the Cancellation Fee or Citaldel may invoice you for such additional set-up Fee, which invoice must be paid within seven (7) business days after the invoice date.
- No Refunds. You understand and agree that you will not be entitled to any refunds of amounts already paid to Citaldel, unless you properly terminate or Citaldel terminates under the last sentence of Section 2 of Termination, in which case you shall only be entitled to a refund for the unspent balance of the then applicable Cycle Payment (as defined in the applicable Product Terms) or equivalent, which shall be your sole remedy.
- Collection of Amounts Owed. Any amounts not paid by you when due shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You agree to pay all costs of collection (including attorneys’ fees and costs and all other legal and collection expenses) incurred by Citaldel in connection with its enforcement of its rights under the Agreement.
- Effect of Termination; Survival. You understand and acknowledge that due to the nature of the Internet, certain information regarding you that was posted on the Internet as part of the Marketing Services may continue to be available on the Internet following termination of Marketing Services and/or the Agreement. All provisions of the Agreement that by their sense or nature should survive termination of the Agreement (including, without limitation, all limits of liability, indemnity obligations, and confidentiality obligations) shall survive. Without limiting the generality of the foregoing, in the event of any termination, you shall remain liable for any amounts due to Citaldel as of the effective date of termination.
Citaldel is available to answer the Users ‘questions or needs by email to the address support@Citaldel.com.
RELATIONSHIP BETWEEN THE PARTIES
- Nothing herein creates a partnership, joint venture, employment, or other relationship between the parties, and neither party shall hold itself out as having the authority to act on behalf of or bind the other to any obligation.
- Citaldel may, in case of a violation of the Terms by the User as determined at the sole and absolute discretion of Citaldel, (i) immediately terminate the User’s Account, (ii) delete any Content stored on its Account or on the Site, (iii) cancel the User’s Login Details, (v) suspend or interrupt User’s access to all or part of the Site/Services Tool, with or without prior notice or explanation, and without incurring any liability. The User is exclusively liable for the creation of backup and replacement copies of any information submitted to or gathered from Citaldel. Citaldel is not liable for any costs associated therewith. Nothing herein shall be deemed to waive any other right of recovery, at law, equity, or otherwise, to which Citaldel may be entitled.
- If the Account is inactive for a period of six (6) continuous months, Citaldel may delete this Account. The User may terminate her/his Account at any time.
- At any time the Client can decide to terminate his subscription to the Paid Version by contacting Citaldel by email. The termination of the subscription to the Paid Version will be effective on the 1st day of the month immediately following the Client’s request of termination.
- If clients cancel after they agree to continue or doesn’t cancel prior to new billing there are no refunds. Client can finish the month and service will be terminated for any following months.
Termination for Cause. Either you or Citaldel may terminate the Agreement (which will terminate all current Service Agreements) on 30 days prior written notice (the “Notice Period”) if the other party is in material breach of its obligations hereunder and such breach has not been materially cured by the conclusion of the Notice Period.
For the avoidance of doubt, Citaldel makes no guarantees with respect to the performance of any campaign or any other service and therefore such performance shall not be a basis for termination pursuant to this Section.
- Citaldel shall not be liable to any party in the event that the performance of any obligation hereunder is rendered impossible by any circumstance beyond Citaldel control and not created by Citaldel own act or omission, including flood, fire, internet interruption, electrical interruption, communication failure or interruption, satellite disruption, and other natural disasters, war, riot or social unrest, work stoppage, act of terrorism, and Acts of God. .
- DUE TO TECHNICAL UNCERTAINTY OF THE INTERNET Citaldel MAY, IN ITS SOLE DISCRETION, TEMPORARILY SUSPEND THE USE OF THE SITE AND ITS SERVICES EITHER FOR TECHNICAL REASONS OR MAINTENANCE.
- IN NO EVENT SHALL Citaldel OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SUCCESSORS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA OR LOSS OF OPPORTUNITY, RESULTING FROM THE USE OF SITE AND SERVICES.
- IN NO EVENT SHALL THE LIABILITY OF CITALDEL TO ANY USER OR OTHER PARTY EXCEED THE TOTAL AMOUNT PAID BY SUCH PARTY TO CITALDEL AS CONSIDERATION FOR THE USE OF THE SERVICES.
- These Terms shall be governed by, and construed in accordance with, the law of the State of California without regard to its choice of law provisions.
- ANY DISPUTE ARISING FROM, OR IN CONNECTION WITH, THESE TERMS, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS IN LOS ANGELES, CALIFORNIA. ANY DEFENSE OF LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, OR FORUM NON CONVENIENS IS HEREBY WAIVED.
- EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR ANY CAUSE OF ACTION ASSERTED PURSUANT TO THIS AGREEMENT, THE RELATIONSHIP BETWEEN THEM, AND/OR THE USE OF THE SERVICES.
Please read these Terms carefully, and contact us if you have any question
Updated April 2017