1. Agreement Overview
This Terms of Use ("Agreement") constitutes a legally binding agreement between Step Rise Limited, a Limited Liability Company organized under the laws of Hong Kong ("Airsocials"), and you, the Customer. If you do not agree to these terms, conditions, and obligations, you must cease using the Services immediately. Except for ongoing obligations, such as payment for services rendered, the relationship between you and Airsocials will end upon termination of this Agreement.
2. Service Plans and Inclusions
Airsocials will deliver a scope of work with service inclusions outlined in the "Our Plans" section of our website. The scope of work consists of weekly content creation in various formats (images, text, video) and channels (Instagram, Facebook, YouTube, TikTok, and others, if applicable). Content creation, approval (if applicable in the plan selected by the Customer), and posting will be executed in weekly cycles. Content not posted one week for any reason cannot be carried over to the following week. Any piece of content, video, reel, TikTok, or comment on any platform that is part of the inclusions, but not published within the target posting week due to reasons beyond Airsocials' control, including but not limited to inability to access accounts or technical issues, will be considered lost content. This will not be deemed a breach of service and will not be carried over to following weeks.
3. Creative Decisions
By agreeing to Airsocials' service and Terms of Service, the Customer understands that the creative direction, art direction, storytelling, and all creative decisions on the content created and posted by Airsocials are the sole decision of Airsocials. However, Airsocials will adhere to brand guidelines, content recommendations, tone of voice, and other suggestions provided by the Customer. The customer understands that any creative recommendation or suggestion must be delivered to Airsocials in a guidelines document duly uploaded to the Assets page in the customer dashboard. To ensure consistency and adherence to the strict posting schedule, Airsocials cannot engage in custom requests for individual pieces of content.
4. Onboarding and Asset obligations of Customer
After account creation and payment of services, the service will enter an "onboarding" phase where the Customer is expected to provide the necessary materials and documents for Airsocials to render their services. This will be indicated in the dashboard available to the Customer, typically including the upload of assets like footage, photos, logos, and marketing materials. The Customer hereby acknowledges that the provision of these assets is a precondition to the launch of the service. During this period, Airsocials' team members will inspect the assets uploaded daily. When the number of assets is sufficient, Airsocials will inform the client, and the service will be launched. The Customer understands that this time is billable, and delays in the launch of the service due to the unavailability of necessary assets will result in a delay of service launch.
5. Posts on behalf of the Customer
Airsocials is explicitly authorized to post on the Customer's social media accounts, engage in written format with followers and users on its social networks, and represent the Customer's brand on the social media channels to which it has been granted access, at any time, in order to fulfill the obligations of this scope of work.
6. Content Approvals
While Airsocials can publish content at any time without the approval of the Customer, Airsocials may enable a content approval system allowing the Customer to approve, reject, or comment on specific pieces of content before publishing. This feature will not be available for all content pieces and at all times and will also depend on the inclusions in the plan selected by the Customer. However, to fulfill its obligations within the agreed posting schedule, Airsocials may publish content without the explicit approval of the Customer if the Customer does not approve the piece in a reasonable time.
7. Liability for published content
7.1. Limitation of Liability: Airsocials exercises due diligence in the creation and publication of content on behalf of the Customer. However, Airsocials is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of such content, including but not limited to issues related to copyright infringement, defamation, or inaccuracies.
7.2. Responsibility for Content Review: The Customer is responsible for reviewing and approving all content prior to publication, unless otherwise specified in their service plan. Airsocials provides tools for content approval, and failure by the Customer to review or respond within agreed timelines will result in the content being published as is. Airsocials will not be liable for any errors or issues in the content thereafter.
7.3. Indemnification: The Customer agrees to defend, indemnify, and hold harmless Airsocials and its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content published on behalf of the Customer, the Customer’s use of the services, violation of these Terms, or infringement by the Customer, or other user of the services using the Customer’s account, of any intellectual property or other right of any person or entity.
7.4. Copyright Claims: In the event of a copyright infringement claim against content created and published by Airsocials, Airsocials will cooperate with the Customer in defending against such claims. However, the Customer will assume all costs related to the defense, settlement, or other expenses arising from such claims, unless the infringement resulted directly from negligence by Airsocials.
7.5. Content Corrections and Retractions: Airsocials commits to correcting or retracting any content proven to be false or misleading as promptly as possible upon verification of the inaccuracy. This correction or retraction will be executed at no additional cost to the Customer.
8. Pricing Plans and Refund Policy
Customers may cancel their subscription at any time. However, as a team is assigned to the account at the time of creation, no refunds are offered under any circumstances. In the event of a cancellation, Airsocials ensures that the Customer will continue to receive the service as promised until the end of the current billing cycle. Please note, there are no partial month refunds, and the cancellation will take effect from the next billing cycle following the cancellation request.
9. Intellectual Property Rights
While Airsocials retains ownership of the underlying content of the Services, including software, designs, trademarks, logos, audio, video, reels, shorts, TikTok videos, and general text (collectively, the "Content") that are part of the Services, the specific works created for a Customer as part of the service (e.g., custom videos) are the property of the Customer upon full payment for the respective billing cycle. All such works are protected by copyright and assigned to the Customer, consistent with the laws and regulations of Hong Kong, foreign jurisdictions, and international conventions. This transfer of ownership applies exclusively to completed work paid for by the Customer and does not extend to the general Content owned by Airsocials.
10. Ownership of Materials
Consistent with the Intellectual Property Rights section, while Airsocials retains ownership of its proprietary materials and general content used in the creation process, the Customer obtains full ownership of the final, delivered project work. Upon full payment for the respective service, the Customer shall be the sole owner of the copyright for all completed projects. It should be noted that this transfer of ownership pertains only to the final, custom-created works and does not include Airsocials' underlying tools, methods, or pre-existing materials.
11. Customer Representations
By using the Services, the Customer represents and warrants that:
• The Customer has the legal capacity and agrees to comply with these Terms of Use;
• The Customer is not a minor;
• The Customer will not access the Services through automated or non-human means;
• The Customer will not use the Services for any illegal or unauthorized purpose;
• The Customer’s use of the Services will not violate any applicable law or regulation.
12. Prohibited Activities
Customers shall use the services provided by Airsocials solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Airsocials are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Customers are prohibited from:
• Reselling, redistributing, or otherwise exploiting the services or content created by Airsocials for unauthorized commercial purposes.
• Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution.
• Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.
• The use of Airsocials’ services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.
13. Resell of Airsocials Work
Customers cannot resell content created by Airsocials, repackage Airsocials services, markup their services, or white-label Airsocials processes, services, and brand. Airsocials only works for end brands.
14. Feedback
The Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by Airsocials ("Feedback") must be communicated through designated platforms, specifically email, comments in the dashboard, or Airsocials' chat system.
15. Oversight
Airsocials reserves the right to monitor the Services for violations of these Terms of Use and to take appropriate legal action against violations. Airsocials further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability.
16. Cancellation and Renewal Policy
Customers must cancel their service at least seven days prior to the renewal date to avoid charges for the subsequent period. Failure to cancel within this timeframe will result in non-refundable charges due to the allocation of resources. Any cancellation will be applicable after one day of the last billed period.
17. Returns and Refunds
All payments made to Airsocials for services are non-refundable. This policy is in accordance with the stipulations set forth in the "Pricing Plans and Refund Policy" section, where it is specified that subscriptions may be canceled at any time, but no refunds are offered, regardless of the timing of the cancellation in relation to the billing cycle. Airsocials commits to delivering the promised services until the end of the current billing cycle, following a cancellation request. This no-refund policy ensures operational efficiency and the continued high quality of service provided to all customers.
18. Modifications to Terms of Use and Inclusions
Airsocials reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion, including the inclusions in its plans. Airsocials reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Customer. In order to adapt to the changing landscape of social media, Airsocials reserves the right to remove or add social media channels, increase or decrease inclusions without notice and without liability to the Customer.
19. Interruptions
There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services. In the event of such interruptions, Airsocials shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.
20. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of law principles.
21. Limitations of Liability and Indemnification
Airsocials, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from the Customer’s use of the Services. The Customer agrees to defend, indemnify, and hold harmless Airsocials from any loss, damage, liability, claim, or demand due to the Customer’s use of the Services
22. Customer Data
The Customer is responsible for providing all necessary data and materials required for Airsocials to perform its services. This includes, but is not limited to, footage, content, logos, marketing materials, images, photos, typographies, or any other information relevant to the completion of the services. While Airsocials takes reasonable measures to safeguard the data provided by the Customer during the service process, it shall not be liable for any loss, corruption, or compromise of such data. Customers are advised to maintain backups and copies of all materials provided to Airsocials. In the event of any loss or corruption of data, Airsocials will endeavor to assist in the recovery process to the best of its ability, but it cannot guarantee the restoration of lost or corrupted data. The Customer is fully responsible for the royalties, intellectual property of the assets provided to Airsocials. Airsocials is allowed to use, reuse, transform those assets in the way it considers pertinent to rendering the services to the Customer.
23. Electronic Delivery of Materials
The Customer consents to receive electronic communications from Airsocials and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.
24. Showcasing Work
Airsocials reserves the right to showcase all design work, content created including videos, TikToks, stories, comments, DMs, and any other service output on digital channels and marketing materials.
25. Termination
These Terms of Use remain in effect until terminated by the Customer or Airsocials. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. Airsocials reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Use. Airsocials may also suspend or terminate the Customer's access to the Services for any substantial breach of these terms.Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. Airsocials will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing content schedule.
26. Contact Information
For questions or comments regarding these Terms, please contact:
Step Rise Limited ("Airsocials"),
Unit 1603, 16th Floor, The L. Plaza
367 - 375 Queen’s Road Central
Sheung Wan, Hong Kong