Terms of use
TERMS OF USE
(USER AGREEMENT/PUBLIC OFFER)
Last updated 12.20.2023
The Platform Administration offers you the services ("Services") of the Platform/Website located online at / ("Website", "Platform", or "Zamupa"), under the following terms and conditions of the Zamupa service. These terms and conditions are regarded by the Administration of the Website as a public offer, i.e. a contract, which is concluded by acceding to it on the whole by the User ("User").
By registering on the Zamupa Platform, you agree to the Terms of Use of the Zamupa Platform.
The acceding party (User) cannot offer their terms of the contract.
1. Terms and Definitions
For the purposes of these Terms of Use, the following terms and definitions shall be interpreted as follows:
1.1. Customer/User - a Website user; a natural or legal person, an owner of an Instagram profile where their blog, online store, or other information materials belonging to them by right of ownership or based on other legal grounds are located, who has registered on the Platform and uses the Zamupa service;
1.2. Content - for the purposes of this Agreement, content means any information posted online (on an Instagram profile), i.e. any images, video or audio files, text, etc. that can be displayed using a PC, laptop and/or mobile devices capable of displaying this type of information.
1.3. Website/ Zamupa /Platform - the website located online at zamupa.com and owned by the Platform Administration, which is a set of hardware and software managed by the Website Administration and designed to fulfill mutual obligations of the parties.
1.4. Registration - the User's actions to fill in and submit the registration form on the Platform.
1.5. Information Materials - any text, graphic, audio, video or mixed media of an informative nature.
1.6. User profile on the Platform ("Personal Profile") - User interface of the Zamupa service, providing access to statistics and personal information management, as well as Platform resources. Users can log into their Personal Profile by using their username (e-mail) and password.
2. General Provisions
2.1. The use of materials and services of the Website is regulated by the current legislation of the European Union.
2.2. Acceptance of this offer shall be made by successive performance of the following actions:
o Familiarization with the Zamupa Terms of Use (public offer) posted on the Platform;
o Filling in the registration form by providing User e-mail, password, phone number, and Instagram username);
o Submitting the registration form on the Platform.
o Account verification via a verification code sent to your cell phone number (for customers).
2.3. By providing us with your e-mail address, you automatically agree to receive Zamupa newsletter and other information materials.
2.4. The minimum requirements for successful registration on the Platform are as follows:
o The Customer's Instagram profile must not include content that contradicts the legislation of the European Union countries, as well as the norms and principles of public morality.
2.5. You are not allowed to start using the Platform without familiarizing yourself with its Terms of Use. By proceeding to use the Platform, you automatically confirm to have accepted this User Agreement.
2.6. The Website Administration has the right to block your account in case of violation of these Terms of Use. In case of such violation, the User's account can be blocked without warning or explanation.
2.7. The User is responsible for the content posted on the User's personal Instagram profile. Any damage, including material damage, caused by an incorrectly placed order or an incorrectly initiated contract or use of broken links will not be reimbursed.
2.8. The User is fully responsible for the safety of the credentials they use to sign in to the Zamupa account and for any losses that may arise due to unauthorized use of their username, password and/or access channel. The Website Administration is not responsible and will not reimburse any losses incurred due to unauthorized access of any third parties to the User's account.
2.9. The User independently manages the username and password they use to access their Zamupa account and other services provided by the Website Administration. All actions that require the use of username and password are considered to be performed by the User. You undertake to independently ensure the safety of your username and password. The Website Administration is not responsible for the loss or theft of your username and password.
2.10. The Website Administration has the right to unilaterally change these Terms of Use (public offer) at any time. Such changes shall come into force on the day of posting a new version of the offer on the Platform. If the User does not agree with the changes, they shall stop using the Website and all the materials and services of the Platform.
2.11. Any use of the Website materials without the consent of the copyright holders is not allowed. When quoting any Website materials, you must reference the Website.
2.12. Any comments and other information posted by the User on the Website must not violate the legislation of the European Union or generally accepted norms of morality and ethics.
2.13. The User agrees that the Platform Administration is not responsible and has no direct or indirect obligations to the User in connection with any possible or arising losses or damages resulting from the use of the Platform.
2.14. The User agrees that all materials and services of the Website or any part thereof may be accompanied by promotional information. The User agrees that The Website Administration does not bear any responsibility and does not have any obligations in connection with such information.
2.15. The Website Administration shall not be liable to any third parties for any content included in the Information Materials posted by the User on their Instagram profile, as well as for property, moral or any other damage caused as a result of the use of this information by third parties.
2.16. The cost of services provided through the Platform is regulated by the Administration unilaterally and can be changed at any time.
2.17. The Website Administration reserves the right to reject any order (Contract) without explanation.
2.18. When using the Website, the User is not allowed to:
o Register as a User on behalf of or instead of another person (create a fake account);
o Misrepresent their identity by using the username and password of another registered User;
o Download, store, publish, disseminate, distribute and provide access to or otherwise use any information that:
✔ Contains threats, discredits, insults, defames honor and dignity or business reputation, or violates the privacy of other Users or third parties;
✔ Violates the rights of minors;
✔ Is explicit or obscene, contains profanity, pornographic images and texts or scenes of a sexual nature involving minors;
✔ Contains scenes of violence or inhumane treatment of animals;
✔ Contains description of the means and methods of suicide, or any incitement to commit suicide;
✔ Propagates and/or promotes incitement of racial, religious, ethnic hatred or hostility, promotes fascism or ideology of racial superiority;
✔ Contains extremist materials, promotes criminal activity, or contains advice, instructions or guidelines for the commission of criminal acts;
✔ Contains restricted information, including, but not limited to, state and commercial secrets or information on the private life of third parties;
✔ Is fraudulent in nature;
✔ As well as violates other rights and interests of citizens and legal entities or the legislation of the European Union countries.
2.19. The Platform offers no guarantee against any social media anti-promotion protective measures.
2.20. The Platform services are provided in accordance with the applicable regulations. Zamupa provides the services "as is" and makes no warranties of any kind, express or implied, including, but not limited to, guarantees of uninterrupted operation of the service, guarantees of service quality, fitness for a particular purpose and freedom from infringement.
2.21. The provision of services under this offer is confirmed by the status of the Customer's orders in the User's Personal Profile.
2.22. The order (contract) completion is confirmed by the Completed status in the User's Personal Profile.
2.23. In the event that your account on the Platform has been blocked for violation of any clause of these Terms of Use while you have a paid service in effect, you may not request the transfer of that service to any other account.
2.24. We do not give you any guarantees that the service ordered will be provided on time and in full measure. The provision of such services depends on the scope of your order and the number of simultaneously active Instagram followers under that order.
2.25. All questions or issues related to the use of the Zamupa services are solved via customer support on the Platform. The Website Administration considers requests as and when they are received.
3. Terms of Use for Customers:
3.1. The Customer's use of the Platform begins with the registration of a user account on the Platform.
o To register a user account, the Customer must provide their e-mail, password, and Instagram username.
o Registration on the Platform constitutes the Customer's acceptance of these Terms of Use.
3.2. The Customer independently selects the contract terms available in the Customer's Personal Profile on the Zamupa platform.
3.3. Tariffs for the services provided are set and can be changed only by The Website Administration. Tariffs may be changed at any time without prior notice to Users. The cost of services provided cannot be less than the base cost defined in the User's Personal Profile on the Zamupa platform.
3.4. The Website Administration shall maintain statistics and provide the Customer with access to it through the User's Personal Profile.
3.5. The Customer gets access to the Platform and statistics it provides using their email (username) and password.
3.6. The Customer independently monitors changes in the Zamupa payment details and is responsible for the correctness of payments made by them.
3.7. For the duration of the tariff selected, the Customer will have full access to monitoring of the task fulfillment under that tariff.
3.8. The Customer may not terminate or suspend the tariff paid.
3.9. The Customer's Instagram profile content shall not include references or links to products and services that violate the legislation of the European Union.
3.10. The information materials posted on the Customer's Instagram profile shall belong to the Customer based on the right of ownership or other right determined by the applicable legislation of the European Union.
3.11. If the Customer posts on their profile information about products or services for which there are certain restrictions, they must have all necessary permits, licenses or certificates for such products or services and provide copies of them within three days upon request of The Website Administration.
3.12. The Customer undertakes:
o To pay for the selected tariff plan before using the Zamupa services.
o To familiarize themselves with the official Zamupa Terms of Use.
o To independently ensure the accessibility of their Instagram profile.
o To guarantee the absence of claims, sanctions and other forms of proceedings regarding the information materials, including promotion materials, posted on their profile, both before and after the provision of services.
3.13. Funds paid by the Customer for the tariff plan selected by the Customer shall not be refunded in any case.
4. Refund Policy
1.1. You acknowledge and agree that all transactions are final, i.e., any service fees and/or fees paid in connection with your use of the Platform and any services provided by the Platform are non-refundable. No claims for refunds will be honored. It is therefore your responsibility to carefully check the purpose of the payment (services offered etc.), payment details and other details regarding the service you have selected when making a payment.
2. Final Provisions:
2.1. These Terms of Use (public offer) shall be regulated and interpreted in accordance with the legislation. Issues not regulated by this offer shall be resolved in accordance with the legislation.
2.2. In case of any disputes or disagreements related to the execution of this offer, the User and The Website Administration will make every effort to resolve them through negotiations. In the event that disputes cannot be resolved through negotiations, such disputes shall be resolved in the manner prescribed by applicable law.
2.3. These Terms of Use (public offer) shall come into force from the moment of its acceptance by the User in accordance with clause 2.2 of these Terms of Use, and shall remain in force until the parties fulfill their obligations in full measure.
2.4. If for any reason one or more provision of these Terms of Use is declared invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions.
2.5. The Website Administration does not guarantee the absence of sanctions imposed by any third-party resources in case of non-compliance with the above-mentioned rules and requirements.
2.6. The Platform makes no guarantees on the effectiveness of orders in case Instagram users show no interest in the Customer's content.
2.7. The Website Administration has the right to refuse to provide services without stating the reason and also in case of violation of these Terms of Use by the User.
2.8. Payment for services can be made using various payment methods, including mobile payments, internet banking and other payment systems.
2.9. This Agreement shall be terminated:
o On the initiative of the Website Administration in case the User violates these Terms of Use.
o On the initiative of the User when they stop using the Platform.
2.10. If the User intends to terminate this Agreement on their own initiative, or if the User receives a notice from Website Administration about the termination of the Agreement, the User must stop using the Platform immediately.
2.11. The User warrants that they understand all the provisions of this Agreement, and the User accepts these Terms of Use without reservation and in full measure.
2.12. By paying for the Zamupa services and registering on the Zamupa website, the User agrees to all the above provisions and accepts this User Agreement, an offer to provide services.
3. Other Provisions
3.1. The Parties have established a pre-trial procedure for settlement of disagreements and disputes. The term for responding to the submitted claim shall be 30 (thirty) business days from the date of its receipt by the Party.
3.2. Only the technical support or service operator has the right to provide a dispute resolution. The Platform or its representative, a technical support operator, has the right to refuse to provide a solution to the problem or complaint of the User if they have violated any provisions of these Terms of Use.
3.3. The User undertakes not to challenge the only correct decision on the part of The Website Administration and authorized technical support operators in case of conflict or any disputable situations.
3.4. Multiple requests to the support service, duplicate requests for already processed and closed requests may lead to blocking of the User account and all subsequent requests, due to violation of these Terms of Use.
3.5. Any appeals to The Website Administration or authorized support operators containing obscene or offensive language will be ignored. If such incidents repeat, the User's account will be blocked and their orders will be suspended.
3.6. The User undertakes to independently monitor changes in these Terms of Use and to bear responsibility for the consequences of non-compliance with this obligation.
3.7. If the User does not agree with such changes, the User must stop using the Platform. Otherwise, the User's continued use of the Platform means that the User agrees to the updated edition of these Terms of Use.
3.8. By registering on the Zamupa Platform and accepting these Terms of Use, you accept and agree with the Privacy Policy regarding the processing and protection of personal data of individuals (subjects of personal data), as well as the Cookie Policy, posted at:
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Contacts
YouToSubs OÜ (16336587)
Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152