User’s Acknowledgment and Acceptance of Terms

Instagram

The work product is to target and engage with online followers on the client’s Instagram account. This will be done through the use of organic growth methods including but not limited to Liking the target audiences’ posts, Direct messaging with the Target Audience, and following the target audiences user accounts. The GramGorilla Engagement service also monitors accounts which don’t interact with the Client’s account and unfollows accordingly. Our follower guarantee provides for a prorated credit if the minimum followers for a given package are not achieved within a full billing cycle. The guarantee can be void if the client’s suggested targeting is too specific to ensure a broad enough audience, if we suspect they are using 3rd party services, or their payment fails, resulting in a stoppage of service, or if service is terminated prematurely by the client.

Our follower guarantee provides for a prorated credit to be issued if the minimum followers are not achieved. This credit can be used for the Client’s next billing cycle only and does not combine with any other promotions, coupons, or specials. The guarantee can be void if the Client’s suggested targeting is too specific to ensure a broad enough audience, if the Client’s payment fails, or if any other Client activity blocks Krends LLC’s access to provide the service for the Client.

Service
GramGorilla will only be used for promotional purposes for your account, pictures, and content on Social Media.
We require your Social Media credentials to run our service because we need access to your Social Media Account API. To run our service we use your Social Media account in connection with other software (such as Buffer) to schedule and target your specific audience to drive traffic to your account. 
The expected amount of followers, likes, and comments is not guaranteed to you in any way. It all depends on the quality and interestingness of your content.

Subscription Auto-Renewals 
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, GramGorilla operates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by GramGorilla in writing). Accordingly, where applicable, GramGorilla will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with GramGorilla & Services.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Service(s), GramGorilla will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may at our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your service(s), without further notice.
You agree that upon purchasing our services, that you clearly understand and agree with what you are purchasing and will not file a fraudulent dispute via PayPal, Stripe, or your banking institution.
Your re-occurring payment term will automatically recur for the same amount on the same term if you fail to cancel or notify us for cancellation with 30 days notice.

Upon a fraudulent attempt to file a dispute, we receive the right, if necessary, to charge and collect damages based on work completed.

Registration
We may require your Social Media Account usernames and passwords to obtain required information for GramGorilla services.
By subscribing to a specific Social Media monthly term, you must pay for the complete term time before cancelling your subscription. If at any stage you would like to cancel your term please contact support online at https://vitalmedias.com/cancellation-request/ and submit your 30 day notice. All services will be paid pro-rated during your 30 day notice. 
You agree by registering or accepting this agreement that you are at least 13 years of age.

Non-Disclosure Agreement

All accounts or marketing materials while under construction are the sole property of GramGorilla until approved and released to our clients. Clients are encouraged to give feedback on their current projects. However, as this content is under construction and the quality does not reflect that of a finished product all clients who engage our services, agree to not disclose any details or conversations about their project while it is under construction. This helps to ensure both ours and our client’s reputation. Clients who chose to ignore this non-disclosure clause are voiding their rights to any private or confidential information that would normally be protected under the Terms of Service.

Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature

Confidential Information does not include any information that (i) at the time of disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives; (ii) is available to receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under federal or state law.

*Lack of Payment at any time will constitute a breach of the Non-Disclosure Agreement.

Arbitration Agreement
By using any GramGorilla service, you agree to submit to binding arbitration. If any disputes or claims arise against GramGorilla or its subsidiaries, such disputes will be handled by an arbitrator of GramGorilla’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. The Client is fully responsible for any and all costs related to such arbitration.

Subscriptions and Auto-Renewal Services

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, GramGorillaoperates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by GramGorilla in writing). Accordingly, where applicable, GramGorilla will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with GramGorilla.

You agree that upon purchasing our services, that you clearly understand and agree with what you are purchasing and will not file a fraudulent dispute via PayPal, Stripe, or your banking institution.

Your re-occurring payment term will automatically recur for the same amount on the same term if you fail to cancel or notify us for cancellation with 30 days notice.

Upon a fraudulent attempt to file a dispute, we receive the right, if necessary, to charge and collect damages based on work completed.

Reviews & Public Usage
If asked for a GramGorilla review, we have the rights to utilize reviews publicly on forums, and websites unless specifically asked to remain confidential.

Indemnification

GramGorilla shall not be responsible for any damages your business may suffer. GramGorilla makes no warranties of any kind, expressed or implied for services we provide. GramGorilla disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GramGorilla and its employees.

GramGorilla shall not be responsible for any damages your business may suffer. GramGorilla makes no warranties of any kind, expressed or implied for services we provide. GramGorilla disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GramGorilla and its employees.


GramGorilla is in no way liable for any account suspension or picture deletion done by any Social Media Company.

Disclaimer
In no event shall GramGorilla or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services offered on GramGorilla’s website, even if GramGorilla or a GramGorilla authorized representative has been notified orally or in writing of the possibility of such damage.

Money Back Guarantees

On all social media accounts, this applies to content approval only. On all website accounts, it applies to the functionality of the project. There is no guarantee on any project which was part of a promotion or on any style websites where the customer picks out the template first.

GramGorilla gives you an unconditional 30-day money back guarantee on managed social media accounts. The guarantee runs month to month and is no longer valid after a client has approved their services for that month.

GramGorilla offers special guarantees on services like our Instagram packages. If the client chooses an Instagram Package that does not include any content provided by GramGorilla than the client accepts responsibility to create consistently engaging content. All Instagram Guarantees will be issued as an account credit or promo code. Failure to do so will void any and all guarantees.

Void Guarantee

We guarantee a minimum number of followers for some Instagram marketing service package, however, there will be certain extenuating circumstances under which the guarantee will be considered null and void. These circumstances are as follows:

  1. Third-party service use: In such cases where a customer uses third-party services, we always pause the delivery of services and contact the customer via phone and email to verify that they are not using the service or have verified that they are no longer using the third-party service. Due to the necessity of pausing services on accounts such as this, we reserve the right to consider the guarantee void for that billing month.
  2. Failed payment: We only provide services for accounts that have verified valid payment information. The service is billed automatically on a month-to-month basis until canceled by the customer. If the automatic payment fails, we suspend services on the account until payment is updated by the customer. We always notify the customer of failed payment via email. In these instances, we reserve the right to consider the guarantee void for that billing month.
  3. Client opts to choose their own marketing targeting: We offer result based guarantees because we have conducted the research into the best possible targeting for optimal results. A user that define specific following outside of what GramGorilla recommends will void the result-based guarantee of all Instagram marketing results, as we cannot know how well the user-defined targeting will perform for any given brand.

Cancellations & Refunds

GramGorilla reserves the right to cancel the account at any time with notice. Customers who wish to discontinue using any service must provide 30 days written notice to GramGorilla via the Online Cancellation Form located inside of their client portal. No refunds will be given and services will continue as normal until the end of the 30-day notice.

Customers may cancel at any time via a cancellation form located in their user account.

The notice must be given on the Client’s Billing Page under Subscriptions https://www.GramGorilla.com/my-account/billing/. Upon canceling the client will be sent a cancellation confirmation email, this will be used as proof that the client canceled properly. If the client can not provide this email or if the client takes any action that forces a cancellation (disputing payments, changing passwords, emailing notice of intent to cancel, ect.) without properly canceling through the client portal, the client agrees to a one-time admin fee of 350.00 to GramGorilla. The Client agrees that this fee, in part or in whole, may be charged immediately onto their registered form of payment.

Since GramGorilla is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the service is provided. As a customer, you are responsible for understanding this upon purchasing any item at our site.
However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
Therefore, we DO honor requests for the refund on the following reasons:

Non-delivery of the service: in some cases, the process times are slower, and it may take a little longer for your orders to finish. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted to our support department in writing within 7 days from the initial order placing date. Otherwise, the campaign will be considered completed.

Service not-as-described: such issues should be reported to our support department within 7 days from the date of the initial purchase. Clear evidence must be provided proving that the purchased service is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.

 

Disclosure to law enforcement
GramGorilla may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

 

Changes to the Terms of Services
GramGorilla reserves the right to revise its policies at any time without notice.

Privacy Policy
This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information.
Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.

Acceptance
Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. GramGorilla reserves the right to change or update these terms at any time without prior notice.