The Terms of Service (TOS)
USER IS ADVISED TO READ THE TERMS OF SERVICES WITH UTMOST CARE BEFORE VISITING KeplerBot AND ITS SERVICES. AN ACT OF CONTINUING TO STAY AT AND USE KeplerBot AND SUBSCRIBING TO ANY PACKAGE OFFERED THROUGH THIS WEBSITE SHALL BE PRESUMED THAT THE USER AGREES TO ABIDE BY ALL THE PROVISIONS OF THE TERMS OF SERVICE. PLEASE NOTE THAT THE TERMS OF SERVICES ARE BINDING ON THE USER.
2.1 KeplerBot, we, our, its and us refer to KeplerBot, its owner and authorized officials.
2.2 ‘Services’ include all the services offered by KeplerBot including but not limited to KeplerBot, Instagram likes, Instagram follow/unfollow and such other services KeplerBot may introduce in future.
2.3 Additional or separate agreement refers to any separate understanding between KeplerBot and the user other than or in addition to the TOS.
2.4 You, client, visitor and user refer to any person visiting KeplerBot and using the Services.
2.5 The ‘TOS’ refers to all provisions of this terms of services document from 1 to 12 applies to the Services.
2.7 Provision: It refers to all the sections, sub-sections and proviso herein contained.
2.8 Likes; it refers to automated likes generated through users Instagram account.
2.9 Follows/Unfollows; it means it refers to automated follows/unfollows generated through users Instagram account.
3. Services and warranties:
3.1 Our services include carrying out promotional campaigns by helping the client to increase the followers of the Instagram account of the client.
3.2 The client agrees that KeplerBot owns no liability for the content, activity and purpose of the client’s Instagram account.
3.3 It is sole responsibility of the client to ensure the observation of the terms and conditions of any contract with third party.
3.4 KeplerBot requires an up-to-date login and password for a clients Instagram account in order to remain functional. It is responsibility of the client to ensure his/her/its Instagram account information is up-to-date in the dashboard, and is safe from the unauthorized access.
3.5 The client agrees not to violate any provision of the contract the client has had with any third party. It is the responsibility of the client to ensure that the Terms of Services are not contrary to the contract with third party. The client represents and warrants that KeplerBot is and shall not be party to such violation.
3.6 The client understands that KeplerBot is not affiliated, in any manner, to any social media network including without limitation Facebook, Instagram, Twitter and YouTube.
3.7 The client agrees not to use the Services for any purpose not compliant with the laws for the time being in force in the United States, United Kingdom, Russia or Australia and with the public policy.
3.8 KeplerBot may modify or terminate the Services at any time without serving notice; provided that the existing user either shall be refunded or served.
3.9 KeplerBot reserves the right to amend, change or modify any provision of the Terms of Services, and the amended, changed or modified Terms of Services shall be effective immediately after they are posted on KeplerBot.
3.10 KeplerBot may refuse services to any client without assigning the reason to that effect.
3.11 KeplerBot may refuse the Service to the client account containing unlawful, threatening, offensive, defamatory, libelous or objectionable or otherwise violate the Terms of Services.
3.12 KeplerBot employs a hashtag directed automated campaign
3.14 The Services effects may take time as KeplerBot employs machine learning and adopts optimized course.
3.15 KeplerBot does not use fake profiles in the Services.
3.16 We do not incentivize any user to like or follow the client’s social media profile in a manner that falls within the meaning of violation of the terms and conditions of the social media networks including but not limited to Facebook, Instagram, YouTube and Twitter.
3.17 We hereby warrant that we do not make, instigate or encourage any user to violate the terms and conditions of the social media networks including but not limited to Facebook, Instagram, YouTube and Twitter.
3.18 KeplerBot does not mislead the user in any manner that may violate the terms and conditions of the social media networks including but not limited to Facebook, Instagram, YouTube and Twitter.
3.19 KeplerBot employs a strategy to provide the Services which is compliant with terms and conditions of the social media networks and all the laws for the time being in force.
3.21 KeplerBot does not guarantee the speed of the delivery for it’s services, all the speeds mentioned are strictly an estimate that does not represent the actual speed/deadline of a promotion.
3.22 KeplerBot does not guarantee your new followers will interact with you, we simply guarantee that you will be liking and following/unfollowing at the maximum allowable rate limit given the social media platforms current standards.
4. Payments and refunds:
4.1 The price for a promoted account is $80 a month. If KeplerBot’s software ceases to deliver results, clients will be refunded at the sole discretion of KeplerBot. KeplerBot reserves the right to modify such price from time to time without serving a prior notice. The price or payment shall refer to the updated price of the package.
4.3 KeplerBot accepts payments through Stripe
4.4 The payment made for the Services by the client to KeplerBot is not refundable unless KeplerBot fails to deliver the services and deems a refund reasonable.
4.5 The user shall prefer to use KeplerBot dispute resolution arrangements if a dispute arises.
4.6 The user, without contradicting to the terms and conditions of Stripe, agrees not to dispute any Stripe transaction with KeplerBot unless KeplerBot dispute resolution arrangements fail to address the legitimate claims of the client.
4.7 The client is advised for his/her own benefits to understand all aspects of the transactions and have an independent legal opinion before making a final decision to subscribe to the Services. KeplerBot owns no liability if you omit to read the TOS.
5. General Terms
5.1 KeplerBot reserves the right to revise, amend, change, alter, replace, withdraw and declare not-applicable any of the provisions of the TOS without serving a prior notice. Such revision, amendment, change, alteration, replacement, withdrawal or inapplicability shall come into force soon after it is posted on the TOS page.
5.2 KeplerBot reserves the right to terminate, amend, modify or make unavailable any of part or feature of the Services without notice. The user who has made the payment for the Services indemnifies KeplerBot in this event.
5.3 KeplerBot offers the Services to the users having legal qualification to enter into the contract as to the age and solvency. If you do not have such qualification, KeplerBot hereby advised you not to use the Services. KeplerBot disclaims all the liabilities whatsoever.
5.4 The user is prohibited to use KeplerBot in a manner that can cause damage, disable, impair or overburden it or interfere with the use of any other user of KeplerBot.
5.5 The user is forbidden hereby to employ any robot, spider, any automatic device or manual process or means to access KeplerBot for any purpose, including but not limited to copying or monitoring any of the material on KeplerBot without prior consent of KeplerBot.
5.6 The user is prohibited to use any device or software that interfere with or obstruct proper functioning of KeplerBot
5.7 The user is not allowed to introduce any malicious or harmful material into KeplerBot.
5.8 The user expressly prohibited to maneuver to obtain an unauthorized access to, interfere with, damage, or disrupt any part of the Services, KeplerBot, its host server or any affiliated database, computer or server.
5.9 Subject to any additional or separate written agreement, the TOS constitutes the entire agreement between KeplerBot and you with respect to the Services.
5.10 The headings, subheadings and numbers in the TOS are for convenience of the reader and reference only, and they do not aim to limit, construe, define, or determine the scope of the provisions herein contained.
5.12 If KeplerBot fails to enforce any right available at the TOS, any additional agreement or any law for the time being in force, it shall neither imply that KeplerBot waives the right nor deprive its entitlement to enforce such right subsequently.
5.13 KeplerBot may assign any right arising from the TOS to any person or entity. The user agrees not to assign the right available at the TOS to any person or entity.
6. Governing Law, Jurisdiction and Service of Notice
6.1 All disputes arising from the TOS shall be resolved by an independent arbitration.
6.2 In case, the arbitration fails to resolve the dispute, the matter may be brought before the court having competent jurisdiction in Los Angeles.
6.3 The user expressly agrees that the TOS shall be governed by the relevant laws for the time being in force in the State of California, US.
6.4 The courts having competent jurisdiction in Los Angeles shall have exclusive jurisdiction to hear the disputes arising from the TOS.
6.5 All the notices or correspondence required to be made hereby or by the relevant law for the time being in force shall be presumed to be delivered if sent to the official email of KeplerBot or any authentic postage service.
6.6 In case the communication is made through postage service, the communication shall be presumed to be complete after five (5) business days of the posting.
7. Copyrights and Intellectual Property Rights:
7.1 KeplerBot strictly adheres to non-infringement of copyrights, and believes it has not violated any rights belonging to any other party during the course of its business and provision of the Services. In case any person or entity has a proof of the infringement of thoe rights by KeplerBot, he/she/it shall serve the notice on us. We shall resolve the matter within fourteen (14) days of the receipt of such notice.
8. Intellectual Property Rights
8.1 All the material contained in KeplerBot, including, without limitation, the content, software, images, drawings and design, is the sole property of KeplerBot and is protected by the copyright protection laws for the time being in force in the United States and by the relevant International Treaties. No user is allowed to copy, reproduce, distribute, reprint, host or use in any other manner without the written approval of KeplerBot.
8.2 In the event of infringement of our rights, we shall take strict legal action, and shall also claim compensation.
8.3 KeplerBot reserves the rights not hereby claimed.
9.1 The user hereby agrees to indemnify and hold KeplerBot, its directors, affiliates, agents, employees and staff harmless from any claim, legal action, demand or damages made by any third party arising out or linking to the user’s enjoyment of the Services, or violation of the TOS committed an act of omission or commission of the user or infringement of rights of third party arising out of any contract with such third party.
10.1 THE SERVICES AND MATERIAL OFFERED BY KeplerBot, INCLUDING, WITHOUT LIMITATION, THE TEXT, IMAGES, GRAPHICS, SOFTWARE, TOOLS AND BUSINESS STRATEGIES ARE MADE AVAILABE ON AN ‘AS IS’ BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. TO THE EXTENT PERMITTED BY THE LAW FOR THE TIME BEING IN FORCE IN THE UNITED STATES, KeplerBot DISCLAIMS, HEREBY, ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES THAT THE SERVICES HAVE NO VIRUS OR HAVE MERCHANTABILITY OR ARE CONTINUOUS OR ARE FIT FOR A PARTICULAR PURPOSE; KeplerBot DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS OR ERRORLESSNESS OF THE SERVICES.
10.2 Force Majeure: KeplerBot is a professional business entity and adheres to the commitments and promises it has made with the clients. There are events that may make KeplerBot to unable to provide the Services such as an act of God, natural disaster, lock-outs, fire, floods, strikes, labor troubles, riots, war, insurrection or any cause beyond the reasonable control of KeplerBot. In such situations, neither KeplerBot nor the client shall be held liable for the breach of any provision of the TOS or delay of the Services. The Services may be suspended until the existence of such situations. In case, the situation continues to exist for a continuous period of thirty (30) days, the TOS shall be terminated between the user who has paid to KeplerBot for the Services and receives no part of the Services, and shall be entitled to a refund at the sole discretion of KeplerBot.
10.3 Extent of Liability: Unless provided otherwise in the TOS or any other additional or separate agreement, the aggregate liability of KeplerBot with respect to the Services for all claims shall not be in excess of the original price of the Services the user has paid to KeplerBot for the job from which the dispute, claim or demand has arisen.
10.4 KeplerBot hereby warrants that the Services do not violate the terms and conditions of any social media network including but not limited to Facebook, Instagram, YouTube and Twitter.
10.5 All errors and omissions are excepted.
11.1 In case, any provision of the TOS is found to be unenforceable, void or invalid in any given circumstances, it shall be severed from the TOS, and the remaining terms will be enforceable and valid without any effect.
12. Confidential Information:
12.1 Parties agree not to disclose the confidential information of each other without written permission of the concerned party unless required by competent governmental authorities. Such confidential information includes, without limitation, the business secrets and strategies and identifiable information of the clients.
13.1 For all communication relating to the operation of the TOS the following email addresses shall be used: firstname.lastname@example.org