Terms of Service

 

  • Pojoksosmed.com (hereinafter referred to as "Pojoksosmed," or "we," or "us," or "our") provides its services (described below) to you through its website located at www.Pojoksosmed.com ("Site") and related services (collectively, such services, including any new features and applications, and the Site, (the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

    In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at privacy statement. All such terms are hereby incorporated by reference into these Terms of Service

    Violation of any of the terms below will result in the termination of your Account. While Pojoksosmed prohibits such conduct and content on the Service, you understand and agree that Pojoksosmed cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

    • The Service

      Pojoksosmed provides an analytics and reporting solution that helps people collect and analyze data on various social media and online marketing platforms.
    • Eligibility


    a.            You must be 18 years or older to use this Service. Pojoksosmed is not responsible for any misreprentation of age. By using this platform, you certify and guarantee that all data provided by you, the user, is truthful and correct.



    b.            You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

     

    • Account Registration and Use Restrictions


    a.            You must provide any required information requested in order to complete the sign up process.



    b.            You are responsible for maintaining the security of your account and password. Pojoksosmed will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify Pojoksosmed, via written notice, immediately of any unauthorized use of your password or account or any other breach of security. You are responsible for ensuring that you "log out" and exit from your account at the end of each session when accessing the Service.



    c.            You are responsible for all activity that occurs under your account (even when content is posted by others who have accounts under your account).



    d.            If you are using a Free Trial you are not permitted to block ads.



    e.            You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).



    f.             You may not use the Service to track or analyze hashtags which are, in Pojoksosmed's sole discretion, considered unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially biased, ethnically biased, sexually biased, or otherwise objectionable, in our sole discretion.

     

    • Fees and Payment


    a.            A valid credit card is required for Subscription (paid) Plans. The Free Trial does not require you to provide a credit card number. You will promptly update your information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.



    b.            When you purchase any Paid services, you authorize Pojoksosmed, Inc., or its third party payment processors, to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in USD, and you agree that Pojoksosmed, Inc., or its third party payment processors, can store your credit card information.

     



    c.            All sales are final and Pojoksosmed will not issue refunds, including for prepaid fees.



    d.            All fees charged by Pojoksosmed are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.



    e.            Pojoksosmed reserves the right to charge for any portion of the Service and to change its fees from time to time in its sole discretion. If Pojoksosmed revises its prices, we will provide notice of the change on the Site and/or in email to you, at Pojoksosmed's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

    • Data and Account Levels


    a.            Your data will be saved by the Pojoksosmed service as long as you maintain a Subscription (paid) account.



    b.            Downgrading your Service may cause other loss of content, features, or capacity of your account. Pojoksosmed does not accept any liability for such loss.

    • General Conditions


    a.            Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.



    b.            Pojoksosmed shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service



    c.            Technical support is only provided to account holders and is only available via the Support section of the Site, along with the customer service email, [email protected]



    d.            You understand that Pojoksosmed uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.



    e.            You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Pojoksosmed, or any other Pojoksosmed service.



    f.             You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent of Pojoksosmed.



    g.            You understand that the technical processing and transmission of the Service, including your content, may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.



    h.            You must not transmit any worms, viruses or any code of a disruptive or destructive nature.



    i.              You understand that Pojoksosmed data collection is subject to data limitations from data providers (e.g., Instagram) and that we cannot be held responsible for incomplete collection of data.



    j.              The Pojoksosmed name and logo are trademarks and service marks of Pojoksosmed (collectively the "Pojoksosmed Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pojoksosmed. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pojoksosmed Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Pojoksosmed Trademarks will inure to our exclusive benefit.

    • Disclaimer of Warranties

      YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POJOKSOSMED AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POJOKSOSMED DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING POJOKSOSMED THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    • Limitation of Liability


    NEITHER POJOKSOSMED NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF POJOKSOSMED OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    THE MAXIMUM TOTAL LIABILITY OF POJOKSOSMED AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS, WHICH MUST BE ARBITRATED PURSUANT TO SECTION 11, INFRA, UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100.00. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    • Choice of Law; Dispute Resolution


    All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the Republic of Indonesia as such laws are applied to agreements entered into and to be performed entirely within Indonesia between Indonesian residents. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in Court of South Jakarta, Indonesia using the then-current rules of the Indonesian National Board of Arbitration (BANI), and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party.

    You can only address such grievances through arbitration and you are hereby consenting to do it in Indonesia, using Indonesia’s laws (without regard to Indonesia’s rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Indonesia as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in South Jakarta, Indonesia

     

    • General

      If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. Pojoksosmed's failure to act in a particular circumstance, including any failure by Us to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Pojoksosmed will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. Pojoksosmed may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of Pojoksosmed or to any subsidiary or successor in a merger or acquisition involving Pojoksosmed. These Terms, the Privacy Policy and the all other agreements posted on the Site constitute the entire agreement between Pojoksosmed and you with respect to your access to or use of the Site, superseding any prior agreements between you and Pojoksosmed with respect to your access to or use of the Site (including any prior versions of these Terms)