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Terms of Service

  1. 1. General

    1. This document states the terms and conditions (hereinafter “Terms”) upon which , a company organized in (hereinafter “Company”, “Companies”, “we”, “us” or “our”), operates and provides services including via and in relation to the smmpanelka.com website (the “Service”).
    2. The Agreement shall be deemed concluded from the moment of acceptance of the offer, which is the User's registration on the Service or performance of other actions confirming agreement with the terms of this Agreement.
    3. The Platform reserves the right to make changes to this Agreement without prior notice to Users. The changes shall come into force from the moment of their publication on the Service website.
      1. Smmpanelka.com's rates are subject to change at any time without prior notice. The payment / refund policy remains in force in case of price changes.
    4. Your continued use of the Service after amendments constitutes your agreement to the revised Terms of Service. You also agree to inform yourself of the latest revisions to the Terms of Service yourself by periodically reviewing the public offer page of the smmpanelka.com website.

  2. 2. Service description

    1. The Service provides certain services, including interaction with social networks. If you use the Service to purchase advertising space (as an "Advertiser"), you hereby acknowledge and agree that you also agree to and will abide by the Advertiser Addendum, as it may change from time to time and excerpts therefrom are incorporated herein (from the "Transaction Addendum"). You acknowledge and agree that breach of any provision of any of the Transaction Supplements shall constitute a breach of these Terms. In the event of a conflict between these Terms and the Transaction Supplements, these Terms shall prevail.
    2. The Services may be purchased on the smmpanelka.com website. By purchasing any Services, you agree to pay the stated price and further agree that (a) you have the right to make such purchase, (b) you have the right to use or access the social media account associated with the purchase, and (c) you will not use the Services for any fraudulent or illegal purpose.
    3. The service helps to improve the appearance of your accounts, but does not guarantee improvement of engagement or activity of subscribers.
    4. You must be over eighteen (18) years of age to use the Service, unless the age of majority in your jurisdiction is over eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. By accepting these Terms, you represent and warrant that you have reached the minimum age of majority required by the preceding sentence. Use of the Service by anyone under the age of majority is prohibited, and you represent and warrant that you are not otherwise prohibited from using the Service.

  3. 3. Rights and obligations of the User

    1. The User has the right to:
      1. To use the services and features of the Service in accordance with the terms and conditions of this Agreement.
      2. Receive information on the status of order fulfilment, as well as the results of services rendered.
      3. Receive support from the service on issues related to the use of the services.
    2. The User undertakes to:
      1. Provide accurate information when registering and using the Services. By creating an Account on behalf of a company or other legal entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the legal entity on its behalf.
        1. Be responsible for maintaining the confidentiality and limited access to your account. Notify us of any breach of security or unauthorised use of your account. Subject to the terms and conditions set out herein, we will not be liable for any loss of any unauthorised use of your Account. You acknowledge that anyone who accesses your Account will have access to all of your data, including any personal content, and will be able to purchase advertising on your behalf.
      2. Promptly notify us in the event of:
        - Any changes to the list of websites, services, or other places where you use the Service, whether to display advertisements or use promotional materials.
        - Any enquiries or claims from third parties regarding illegal activity related to your use of the Service, or any actions that could result in legal consequences for us.
        - Receipt by you of any requests for information, complaints, termination notices or other legal notices regarding your use of the Service, including those related to infringement of copyrights, trademarks or other intellectual property rights.
      3. Comply with the terms and conditions of this Agreement.
      4. Pay for the services in the order and on the terms and conditions stipulated by this Agreement.
      5. Do not use Our services to post incitement to commit crimes, propaganda of violence, discrimination, illegal, offensive, threatening or other content that violates the rights of third parties.
      6. Notify the Platform in due time of any changes in their data relevant for the fulfilment of the Agreement.
      7. You are obliged to confirm the correctness of your order before placing it. Non-correct orders or orders for personal account are non-refundable.
      8. Do not run other marketing campaigns while your smmpanelka.com marketing campaign is running. We use publicly available statistics to measure the results of our campaign, which may be interfered with by other campaigns. If you run other marketing campaigns at the same time as your smmpanelka.com marketing campaign, you agree that the Company is not responsible for each fan, subscriber, view, comment, like, visit and/or vote you receive during your marketing campaign.
      9. Do not use another person's account without their permission.

  4. 4. Rights and obligations of the platform

    1. The Platform shall have the right to:
      1. Modify or revise these Terms of Service at any time without notice. Any recent changes or revisions made by our Service supersede all prior agreements and are effective as of the date of posting.
      2. Suspend or restrict access to the services in case the User violates the terms and conditions of this Agreement (for more details on prohibited actions, see Clause 5 "Requirements and restrictions on placed advertising").
      3. Refuse to promote any Advertiser's video, channel, account, etc. without giving any reasons.
      4. Use the User's data for the purposes related to the fulfilment of this Agreement in accordance with the privacy policy.
      5. Proprietary Materials. All proprietary materials are protected by copyright, trademark, trade secret and/or other rights under the laws of their respective jurisdictions, including domestic laws, foreign laws and international conventions.
    2. At any time, with or without prior notice, suspend or terminate your access to the Service or any part thereof, including, but not limited to, deleting or deactivating your account, blocking your email address and/or IP address, and suspending the service based on your breach of this Agreement or for any other reason in our sole discretion.
    3. The Platform undertakes to:
      1. Ensure the functioning of the services, except for the time of technical works or force majeure.
      2. In the event of cancellation of services on our initiative, all unused funds shall be returned to the customer's account balance.
      3. Provide consulting support to the Users on issues related to the use of the Service.
      4. Ensure confidentiality of the User's data in accordance with the privacy policy.

  5. 5. Requirements and restrictions on placed advertisements

    1. The Service reserves the right to terminate any advertising campaign if your advert contains attraction of referrals using contextual advertising with the use of the following words and phrases: "smmpanelka", "smm panelka", as well as any words and phrases created on their basis or similar to them, formed by mixing different languages.
    2. The Service reserves the right to block your adverts in the following cases:
      1. Advertisements contain any content that the Service considers illegal, defamatory, fraudulent, libellous, harmful, offensive, threatening, violating the right to privacy, hateful, inciting racial or ethnic hatred, inflammatory or otherwise unacceptable.
      2. Advertising depicts or promotes illegal activities, physical harm or injury to any group or individual, or acts of cruelty to animals.
      3. Advertisements contain material that impersonates any person or entity or misrepresents you or users of your website.
      4. The advertisement contains software viruses or any code, file or programme designed to interrupt, destroy, limit or track the functionality of any software or hardware or any telecommunications equipment.
      5. Ads contain or promote malware.
      6. The website and adverts use phishing techniques to collect information, mislead users or include content that encourages users to take unnecessary actions (e.g. false warnings, blocking notices, etc.).
      7. Ads contain or promote torrents, warez or similar content.
      8. Ads contain or promote stolen scripts.
      9. Advertising promotes or stimulates online activity aimed at artificially improving the performance of the website, advertiser or other parameters (e.g. baiting for views or clicks).
      10. The advertisement promotes the production of forged documents, copying of materials or production of illegal printed matter.
      11. The advertisement promotes drugs or related paraphernalia.
      12. The advertisement is directed at persons under eighteen (18) years of age.
      13. The website or advertisement is under development or not finalised.
      14. The site contains no meaningful content and is just a set of "blind links".
      15. Third-party trademarks are used in advertising without proper authorisation, which may mislead consumers or dilute third-party trademarks.
      16. Advertising attempts to capitalise on human tragedy or suffering.
      17. Properties and adverts must comply with the specific rules specified in the campaign administration panel, including ad requirements, including rules regarding the use of sounds, JavaScript outputs, automatic APK file downloads and other specific requirements.
    3. The Service cannot and does not make any guarantees as to how long it will take to successfully complete your marketing campaign. Any timeframes provided on the smmpanelka.com website by Company staff, in any chats, emails, telephone conversations or any other correspondence are not a guarantee of how long it will take to successfully complete a marketing campaign. Any estimate provided by the Company as to how long a marketing campaign may take to successfully complete is simply a recommendation designed to help our clients plan ahead.
    4. You confirm that you have all necessary rights, licences, permissions and authorities to use advertising materials placed through the Service, and that the use of these materials does not violate the rights of third parties. You are fully responsible for any consequences associated with the placement of such materials, including legal liability for infringement of intellectual property rights of others.

  6. 6. Limitation of liability

    1. The Platform shall not be liable for
      1. The content and legality of the content posted by the User.
      2. Failure to fulfil or improper fulfilment of obligations under the service agreement between the Users.
      3. Your actions and their consequences, including blocked accounts or deleted photos/videos/posts.
      4. Actions of social networks (blocking accounts, reducing search results, etc.).
      5. Lack of interaction of new subscribers with your content. The platform guarantees only the number of subscribers paid for, but cannot guarantee their activity.
      6. Completeness of profiles, availability of photos and descriptions of the attracted accounts. The Platform endeavours to ensure that all referred accounts have complete profiles, but this is not guaranteed.
      7. Write-offs of subscribers or other activity in social networks. The Platform makes every effort to ensure the high quality of its services, but cannot guarantee the absence of such write-offs.
    2. The Service acts as a reseller or service provider and is not responsible for the actions of third parties such as sellers of services or suppliers. All responsibility for interaction with these third parties lies with the User.
    3. The Service does not moderate the content posted on the platform and is not responsible for its content.
    4. In case of any claims from third parties related to the User's actions on the Site, the User undertakes to settle such claims independently and release the Company from liability.
    5. The Service may contain links to third-party websites that are independent of us, including third-party resources. We are not responsible for the content, privacy policies or practices of these third-party websites and make no warranty as to the accuracy, completeness or authenticity of the information contained in these third-party websites. We do not have the right or ability to edit the content of any third-party websites. You acknowledge that we are not responsible for any and all liabilities arising from your use of any third party websites.
    6. We do not warrant that (i) the Service will meet your requirements or expectations, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from your use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, content or other materials obtained through the Service will meet your requirements or expectations, or (v) any errors in the content will be corrected.

  7. 7. Payment

    1. In order to use our services, you agree to pay all applicable fees, which are subject to change based on changes in the terms and conditions of the services. Fees may include monthly or annual subscription fees, one-time product fees, recurring fees, automatic top-up fees, taxes and other service-related fees, which are referred to in this agreement as "Service Fees".
    2. You agree that all fees, including automatic top-up fees, will be charged to the payment method (e.g. credit card or debit card) you specify. You are responsible for paying all fees promptly and agree to notify us of any changes to your payment method through your account settings. In the absence of a valid payment method, we reserve the right to suspend services.
    3. All funds deposited in your balance are non-refundable to the original payment method. Once deposited, the funds can only be used for orders on the smmpanelka.com platform. In case the order cannot be fulfilled, the funds will be returned to your balance in the smmpanelka.com system and you can use them to place new orders.
      1. If you submit a dispute or request a refund, we reserve the right to suspend all current orders and block your account until the dispute is resolved. Orders are not refundable or cancellable once they have been successfully completed. If an order is not deliverable, a refund will be issued to your smmpanelka.com account.
    4. Inappropriate orders and orders for personal accounts are non-refundable. Please check information carefully before placing an order. Fraud, including the use of unauthorised or stolen credit cards, will result in account blocking. It is not recommended to use multiple servers for the same page, as this may affect the accuracy of the services provided and no refunds are available for such orders.
    5. Funds received under the referral programme cannot be transferred to another advertising account.
    6. The platform does not provide refunds in case of orders to closed or personal accounts, when hiding information about statistics or counters, as well as when imposing special restrictions by the social network.
    7. The Platform carries out refills within the ordered volume, but not more than 100% of the quantity specified in the order.

  8. 8. Refunds

    1. The User may request a refund of their account balance within fourteen (14) days of their last payment. Refund requests must be submitted through the support service at [email protected]. To initiate a refund request, the Advertiser must provide the order number, the reason for the request, and all necessary supporting documents. Requests submitted without sufficient documentation will not be considered. If the Advertiser does not contact the Company’s support team within this period, the Company reserves the right not to issue a refund.
      1. The minimum amount for refund is $25/50% of order. Payments less than $25 are non-refundable, as this amount covers 100% of the company's costs of providing services to the user.
      2. In case of a refund request, the company deducts a commission of 10% of the refunded amount, as well as all payment processing costs. Refunds are made within 90 (ninety) days after the request is approved.
      3. Refunds will only be made on the basis of a written request from the user and the company reserves the right to reject a refund request if the user has not contacted support or has not provided sufficient grounds for a refund.
    2. In case of impossibility to perform the service, the funds are returned to the User's balance with withholding the commission fee to cover the expenses.
    3. The User is fully responsible for the correctness of the information provided for the performance of the task. Incorrect information may lead to errors in the performance of the service and impossibility of refund.
    4. In case of fraudulent actions on the part of the User, the Platform has the right to block the account without refund.
    5. The funds deposited to the balance of the Platform are non-refundable, except for the cases specified in this Agreement.
    6. Prohibition of chargeback. Upon completion of the payment, the user agrees not to request a chargeback for any reason whatsoever.
      1. In the event of a chargeback, the company reserves the right to cancel all further requests for services and block the user's account without refund.
    7. Terms and Conditions of Bonus Programmes. All funds credited to the user's account under bonus programmes or promotions are non-refundable and subject to the terms and conditions of the respective programmes.
    8. The term for consideration of claims is 14 (fourteen) working days from the date of their receipt.

  9. 9. Affiliate and referral programmes

    1. The Service offers affiliate and referral programmes for our partners, providing an opportunity to earn on the basis of our solution.
    2. All users have the opportunity to participate in the affiliate programme of the Service. To do this, the user can use our ready-made code available on the site, set up the desired margin and place the widget on various platforms. The user earns based on the margin set by him.
    3. Each user may also participate in the Service's referral programme, which allows them to earn a percentage of all spending by users invited through their referral link.
    4. Referrals referred by a user but with an identical IP address or digital footprint will not be counted as active referrals.
    5. The service does not bear responsibility for changes made in the provided code by third parties. The code is provided only for public use, and any modifications are the responsibility of the person who made the changes.
    6. A Partner can request a payment when his balance reaches the minimum threshold of USD 50. Requests for payment can be made every 30 days. Payment processing may take up to 30 days from the date of request submission.
    7. The Service co-operates with various payment systems which can be used to process payment requests.
    8. The service reserves the right to make changes in conditions of affiliate and referral programmes at any time. For the actual information on margins, payments and codes of affiliate and referral programmes, please visit corresponding pages on our site.
    9. The User will receive a percentage of all expenses of his referrals, less the cost of top-ups and refunds, in accordance with the established terms and conditions of the Service.

  10. 10. Refusal to extort

    1. Advertisers undertake not to contact websites that are part of the Company's advertising network in order to purchase advertising space or engage in any activity that could be considered competitive with the Company's efforts to offer advertising space on these websites. Violation of this provision will be considered a serious breach of the terms of this Agreement.

  11. 11. Confidentiality

    1. Each Party (the "Receiving Party") acknowledges that the other Party (the "Disclosing Party") may disclose information of a confidential nature. Such information includes, but is not limited to, product information, data, pricing, financial data, software, specifications, research and development, proprietary algorithms or other materials that the Disclosing Party designates as confidential or that the Receiving Party reasonably should understand as confidential ("Confidential Information").
    2. The Receiving Party undertakes, and its agents and employees undertake, not to publish, disclose or use the Disclosing Party's Confidential Information for its own use without the prior written consent of the Disclosing Party. Neither party may make public statements about the existence or content of this Agreement without the prior written consent of the other party.
    3. In the event Confidential Information is disclosed to professional advisors, auditors or bankers, such persons shall be bound by the same degree of confidentiality as the Parties to this Agreement.
    4. The duty of confidentiality shall not apply to information if the Receiving Party can demonstrate that such information: (I) was in the public domain at the time of disclosure or entered the public domain for reasons beyond the control of the Receiving Party; (II) was in the Receiving Party's possession prior to disclosure without a duty of confidentiality; (III) was lawfully obtained from a third party not subject to a duty of confidentiality; (IV) was developed by the Receiving Party or its contractors without access to Confidentiality.
    5. If the Receiving Party is required to disclose Confidential Information pursuant to a judicial, regulatory or governmental requirement, it shall promptly notify the Disclosing Party so that the latter may contest the requirement or ensure that such information is treated confidentially.
    6. Upon termination of this Agreement or at the request of the Disclosing Party, the Receiving Party shall return all Confidential Material or confirm in writing its destruction, which destruction must be approved in advance by the Disclosing Party.

  12. 12. Cancellation

    1. Either party may cancel the promotion and terminate this Agreement by giving the other party 48 hours notice of termination.
    2. The Company shall have the right to immediately suspend the advertising campaign or terminate the Agreement early in writing if: (a) the Advertiser uses the service or programme for illegal purposes; (b) the Advertiser acts in a way that may cause loss or risk of loss to the Company or third parties; (c) the Campaign violates applicable laws; (d) the Advertiser fails to pay the agreed fees or remuneration by the due date despite reminders; (e) the Advertiser violates the terms of the Agreement and the violation is material; (f) the Advertiser is declared bankrupt or declared insolvent.
    3. In case of termination of the Agreement, the Company has the right to immediately block the Advertiser's account and withhold the remaining funds on the account as a penalty.
    4. The Agreement will be cancelled if the User's account is not used for three (3) months.
    5. If the balance of the Advertiser's account is 0 EUR / USD, the system will automatically block the account, unless otherwise agreed by the parties. If the balance exceeds 0 EUR / USD, the remaining funds will be debited from your account.
    6. The User will be notified if the account is blocked due to inactivity when attempting to log in to the account. After deactivation, the Advertiser will have 90 calendar days to reactivate the account. This will require logging into the account and following the instructions provided. If the account is not reinstated within 90 days, the account will be deleted without possibility of reinstatement.
    7. You acknowledge and agree that deletion of your account for any reason does not mean that User Data will also be deleted.

  13. 13. Intellectual Property

    1. We grant you a non-exclusive, non-transferable and revocable right to use the Company Service and access our Programme solely in accordance with the terms of this Agreement.
    2. We respect the intellectual property rights of others and require our users to do the same. If we receive three valid complaints of copyright infringement from the same user within six months, that user will be barred from further use of the Service.

  14. 14. Completeness of agreement and variations

    1. We reserve the right to amend the terms of this Agreement at any time unilaterally. The Advertiser shall be informed of such changes by means of an appropriate notice in the personal account or by means of information posted on the Company's website. The Advertiser shall be deemed to have received such notice within two (2) weeks after the notice was sent by email or made available in the Advertiser's personal account on our Company's website. If the Advertiser does not accept the amendment, the Advertiser shall have the right, within thirty (30) calendar days from the date of the email or, if applicable, thirty (30) calendar days from the date of publication of the amendment on the website, provided that the changes have an adverse effect, which cannot be considered insignificant, to the Advertiser, to immediately terminate the Agreement. If the Agreement is not terminated by the Advertiser within the above time, the Advertiser shall be deemed to have accepted the new terms and conditions.
    2. The Advertiser acknowledges and agrees that in entering into this Agreement it has not relied and is not relying on any representations, warranties or other statements, written or oral, other than those expressly set out in this Agreement, the Privacy Policy, the Cardholder Records Retention Agreement or other terms and conditions posted on smmpanelka.com and that it will have no rights or remedies arising from any representations, warranties or other statements not expressly set out in this Agreement.

  15. 15. Force majeure

    1. Force Majeure means events that occur after the Effective Date, regardless of the will of the Parties, and that could not have been foreseen or prevented by any reasonable action of the Parties. The effect of these events may postpone the fulfilment of all or several parts of this Agreement or other terms and conditions agreed by the Parties.
    2. Force majeure events shall include such events as war, mobilisation, epidemic, fire, natural disasters, traffic accidents and changes in legislation if such events meet the criteria of this Agreement. The above list is not exhaustive.
    3. If the provision of the Services has been postponed due to force majeure, the Party affected by force majeure shall notify the other Party in writing of the day of commencement of the force majeure within 5 calendar days. Upon termination of force majeure circumstances and restoration of normal conditions, the Party affected by force majeure circumstances shall notify the other Party thereof in writing within 3 calendar days.

  16. 16. Choice of law and venue

    1. To the maximum extent permitted by law, these Terms and any claim, cause of action or dispute that may arise between you and us shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. With respect to any claim brought by you against us, you agree to submit to and consent to the personal and exclusive jurisdiction and exclusive venue of the courts located in London, England. With respect to any claim brought by us against you, you agree to submit to and consent to personal jurisdiction and venue in the courts located in London, England and any other place where personal jurisdiction over you may be found.

  17. 17. Final provisions

    1. The Platform does not guarantee and is not responsible for the conformity of the services to the User's expectations or their suitability for specific purposes.
    2. The Contractor shall not be liable for the promotion of the site by links, including the risk of the site falling under the filter of search engines.
    3. The invalidity of individual provisions of this Agreement shall not entail invalidity of the Agreement as a whole.
    4. Notices. You agree that we may send you notices by email, regular mail, or post them on the Service. A notice is deemed delivered to you when it is sent by us. Unless expressly stated otherwise, notices must be sent to us by email to [email protected] and will be deemed delivered when actually received by us.