Welcome to iQSMM. These Terms of Service ("Terms") govern your use of the iQSMM platform and services operated by iQSMM Ltd. ("Company", "we", "us", or "our").
Important: By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
1. Service Description
iQSMM is a social media analytics and research platform. Our services include:
- Dashboard for organizing and tracking social media channels you manage or have permission to analyze
- Performance metrics visualization and trend analysis
- AI-powered content insights and recommendations
- Research tools for content strategy development
User-Initiated Analysis: Our platform analyzes content that you, the user, choose to add to your dashboard. You are responsible for ensuring you have appropriate rights or permissions to analyze any content you add to the platform.
2. Independent Service
iQSMM is an independent analytics platform. We are not affiliated with, endorsed by, sponsored by, or officially connected to any social media platform or their parent companies. All product names, logos, and brands mentioned are property of their respective owners and are used for identification purposes only.
Your use of any third-party social media platform is governed solely by that platform's terms of service and privacy policy. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party platform.
3. Third-Party Services
Our Service may interact with or display information from third-party services ("Third-Party Services"). YOU ACKNOWLEDGE AND AGREE THAT:
- iQSMM is not responsible for Third-Party Services, and we make no representations or warranties regarding Third-Party Services
- We will not be liable to you or any third party for any Third-Party Services
- Third-Party Services may change, suspend, or discontinue their services at any time
- Your relationship with Third-Party Services is governed by their terms, not ours
- Any data from Third-Party Services may be incomplete, delayed, or unavailable
4. User Responsibilities and Compliance
By using our Service, you represent and warrant that:
- You are at least 18 years old or have legal capacity to enter into this agreement
- You will only add channels and content that you own, manage, or have explicit permission to analyze
- You will comply with all applicable laws and regulations in your jurisdiction
- You will comply with the terms of service of any third-party platforms you use
- You will not use our Service for any unlawful purpose
- You will not use data or insights for harassment, spam, or malicious activities
- You will not attempt to circumvent any security features of our Service
- You are solely responsible for how you use the data and insights provided by our Service
Your Compliance Obligation: You acknowledge that you are responsible for ensuring your use of our Service complies with all applicable laws, regulations, and third-party terms of service. iQSMM provides tools; how you use them is your responsibility.
5. Intellectual Property
Content displayed through our platform (videos, images, descriptions) remains the intellectual property of the original content creators. We do not claim ownership of any third-party content.
The iQSMM platform, including its design, features, and proprietary analytics algorithms, is the intellectual property of iQSMM Ltd. and is protected by applicable copyright and trademark laws.
6. Data Accuracy Disclaimer
While we strive to provide useful analytics, we do not guarantee the accuracy, completeness, or timeliness of any data or analysis provided through our Service. Metrics and data may vary from official platform statistics. Users should verify critical information independently and not rely solely on our Service for business decisions.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location
- Any errors or defects will be corrected
- The results of using the Service will meet your requirements
- The quality of any information obtained through the Service will meet your expectations
- The Service will be compatible with any third-party platform indefinitely
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, iQSMM LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities
- Actions taken by third-party platforms against your accounts
- Interruption of service or loss of access to features
- Any third-party claims arising from your use of our Service
- Decisions made based on the analytics provided by our Service
- Any changes, suspensions, or terminations of Third-Party Services
Our aggregate liability for any claims arising under these Terms shall not exceed the greater of: (a) the fees paid by you during the three (3) month period immediately preceding the event giving rise to the claim, or (b) USD $100.
9. Indemnification
You agree to defend, indemnify, and hold harmless iQSMM Ltd., its officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the "iQSMM Parties") from and against all losses, damages, penalties, liability, and costs (including reasonable attorneys' fees) arising from or related to:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including intellectual property rights or privacy rights
- Any claim that your use of the Service caused damage to a third party
- Your violation or alleged violation of any third-party platform's terms of service
- Any claims, demands, or actions brought by third parties arising from your use of the Service
- The content you choose to analyze through our Service
IMPORTANT: This indemnification obligation applies regardless of whether iQSMM was negligent or otherwise at fault. You agree to cooperate fully in the defense of any such claim. iQSMM reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.
10. Subscription and Payments
Some features of our Service require a paid subscription. By subscribing, you agree to:
- Pay all fees associated with your chosen subscription plan
- Automatic renewal of your subscription unless cancelled before the renewal date
- No refunds for partial subscription periods, except as required by law
We reserve the right to change our pricing with 30 days advance notice. Continued use of the Service after price changes constitutes acceptance of the new pricing.
11. Account Termination
We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without prior notice, for any reason, including but not limited to:
- Violation of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- At the request of law enforcement or government agencies
- Discontinuation of the Service or any part thereof
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law provisions.
13.1 Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and iQSMM agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claims qualify.
Arbitration shall be conducted in accordance with the rules of the International Chamber of Commerce (ICC) or another mutually agreed arbitration body. The arbitration shall take place in Tbilisi, Georgia, and shall be conducted in English. The arbitrator's decision shall be final and binding.
13.2 Class Action Waiver
YOU AND iQSMM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and iQSMM agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
13.3 Jurisdiction
For any matters not subject to arbitration, any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of Tbilisi, Georgia. You consent to the personal jurisdiction of such courts and waive any objection based on venue or forum non conveniens.
14. Assumption of Risk
BY USING OUR SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT:
- Third-party platforms may have their own terms of service regarding analytics and third-party tools
- iQSMM makes no representation that use of our Service complies with any third-party's terms of service
- You assume all risks associated with using our Service
- You are solely responsible for determining whether your use of our Service is appropriate for your circumstances
- The availability and functionality of our Service may change at any time
15. Acknowledgments
By using our Service, you expressly acknowledge and agree that:
- You have read and understood these Terms in their entirety
- You understand that iQSMM is an independent analytics platform
- You accept all risks associated with using analytics services
- You understand that these Terms include binding arbitration and class action waiver provisions
- You have had the opportunity to consult with legal counsel before agreeing to these Terms
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17. Contact Information
If you have any questions about these Terms of Service, please contact us at:
iQSMM Ltd.
Email: legal@iqsmm.com