TERMS AND CONDITIONS OF SERVICE
Last Updated: October 29, 2023
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GENERAL RULES
By registering for the services provided by GAIA BUSINESS SERVICES LLC(https://www.agencymediadigital.com/) or by using any of its services (as defined below), you agree to be bound by the following terms and conditions.
The services consist of social profile management.
In the context of these Terms and Conditions of Service, “we,” “our,” and GAIA BUSINESS SERVICES LLC refer to the contracting party GAIA BUSINESS SERVICES LLC(https://www.agencymediadigital.com/).
The services offered by GAIA BUSINESS SERVICES LLC include various products and services to help increase the visibility of your Instagram profile. Any new features or tools added to the current services shall also be subject to these Terms and Conditions of Service. You may consult the current version at any time at https://www.agencymediadigital.com/terms4
GAIA BUSINESS SERVICES LLC reserves the right to update and modify these Terms by posting updates and modifications on https://www.agencymediadigital.com/
You are advised to review the Terms periodically for updates or changes that may affect you. If you do not accept such changes, you must cease using the services.
You must read and accept all the terms and conditions contained in or expressly referenced in these Terms and Conditions of Service, including the GAIA BUSINESS SERVICES LLC Privacy Policy, before registering for or using any of GAIA BUSINESS SERVICES LLC services.
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1. CONDITIONS
To access and use the Services, you must provide your Instagram profile information, including a valid email address, Instagram username, and any other mandatory information such as first and last name.
GAIA BUSINESS SERVICES LLC may refuse your request for account activation or delete an existing account for any reason, at its sole discretion.
You confirm that you are using the services of GAIA BUSINESS SERVICES LLC for lawful purposes and not for disseminating pornographic material or other content that may offend public decency or violate public order under Italian law, and you release GAIA BUSINESS SERVICES LLC from all liability in this regard.
You are responsible for maintaining the confidentiality of your data.
GAIA BUSINESS SERVICES LLC shall not be held liable for any loss or damage resulting from your failure to secure your account or passwords.
Theft of Instagram accounts is not the responsibility of GAIA BUSINESS SERVICES LLC
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or displayed on or in connection with your Instagram profile (“Materials”).
Violation of any of the Terms of Service, as determined at the sole discretion of GAIA BUSINESS SERVICES LLC, may result in immediate termination of the Services.
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2. SERVICE ACTIVATION
The person registering for the service is the contracting party under these Terms, and the Instagram profile provided will identify the profile on which the service is to be activated. These may or may not be the same person. Therefore, the service can be activated on an Instagram profile not owned by the contracting party. Responsibility in such cases rests solely with the contracting party, as GAIA BUSINESS SERVICES LLC is not required to investigate or verify the match between the subscriber and the Instagram profiles for which the service is requested.
If you register for services on behalf of third parties, the actual users will be such third parties. In this case, you must use the email provided by them and you represent and warrant that you have the authority to bind them to our Terms of Service.
One user may have multiple Instagram profiles, but each subscription can only be associated with one profile. Multiple subscriptions can be activated on the same profile, but a single subscription cannot be applied to multiple profiles.
To activate the service on multiple Instagram profiles, you must subscribe and purchase multiple subscriptions (at least one per profile).
After registering for the service (according to the chosen subscription plan), GAIA BUSINESS SERVICES LLC will activate the service in your name using your email address and the Instagram profile you provided.
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3. GENERAL TERMS
You must read and accept all the terms and conditions included in these Terms of Service, including the Privacy Policy, before using the service. Acceptance is considered given upon the purchase of one of the subscription plans offered by GAIA BUSINESS SERVICES LLC
These Terms of Service will be governed and interpreted in accordance with Italian law, without regard to conflict of law principles.
You acknowledge and agree that GAIA BUSINESS SERVICES LLC may modify these Terms at any time by publishing them with updates on https://www.agencymediadigital.com/ Such modifications shall become effective on the date of publication. Continued use of the Services after such modifications are posted shall constitute full acceptance. If you do not agree with the changes, you must cancel your subscription. GAIA BUSINESS SERVICES LLC shall not be responsible for such action.
You may not use GAIA BUSINESS SERVICES LLC services for illegal or unauthorized purposes nor violate any applicable laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service.
You acknowledge that your use of the services, including information transmitted or stored by GAIA BUSINESS SERVICES LLC, is governed by our Privacy Policy.
All terms and provisions in these Terms shall be binding upon and benefit the parties, their heirs, successors, authorized assigns and legal representatives.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, it shall not affect the other provisions, and the Terms shall be interpreted as if the invalid provision never existed.
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4. DISPUTES
The parties irrevocably agree to the exclusive jurisdiction of the courts of the United Arab Emirates regarding any dispute arising out of or relating to these Terms or the service itself.
Any abuse, whether verbal or written (including threats or retaliation), toward any employee, representative, or agent of GAIA BUSINESS SERVICES LLC will result in immediate termination of the service.
We reserve the right to provide services to your competitors and make no promise of market exclusivity. You acknowledge that GAIA BUSINESS SERVICES LLC employees or contractors may also be clients and competitors, though they may not use your Confidential Information.
In case of disputes about subscription ownership, we reserve the right to request documentation to verify ownership, such as a valid ID.
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5. CONFIDENTIALITY
“Confidential Information” includes all business-related information not publicly known, such as company data, technical processes, software, client and lead lists, addresses, and any related data.
GAIA BUSINESS SERVICES LLC Confidential Information includes any information obtained through us or our services that is not public, including procedures and security protocols.
Each party agrees to use the other’s Confidential Information only as needed to fulfill obligations under these Terms and must take reasonable precautions to prevent disclosure or misuse.
Confidential Information may be shared only:
(i) with employees, agents, or subcontractors who need it and are bound by confidentiality;
(ii) when required by law or court order, with prior written notice to the disclosing party where permitted.
Confidential Information does not include information that is:
(A) public or already known before disclosure;
(B) independently developed;
(C) lawfully obtained from another source without breach of these Terms.
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6. LIMITATION OF LIABILITY
You expressly acknowledge and agree that, to the extent permitted by applicable law, GAIA BUSINESS SERVICES LLC shall not be liable for any damages—whether direct, indirect, incidental, special, consequential, or exemplary—including but not limited to loss of profits, reputation, data, or other intangible losses resulting from the use or inability to use the service.
To the extent permitted by law, neither GAIA BUSINESS SERVICES LLC nor its suppliers shall be liable for any special, incidental, or consequential damages related to our site, services, or these Terms (regardless of cause, including negligence).
You agree to indemnify and hold harmless GAIA BUSINESS SERVICES LLC, its parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers against any claims or demands, including reasonable legal fees, made by any third party due to your breach of these Terms or of any law or third-party rights.
Use of the services is at your sole risk. Services are provided “as is” and “as available” without any warranty, express or implied.
You agree that the service is an obligation of means, not of result.
GAIA BUSINESS SERVICES LLC does not guarantee that the results obtained through the service will be accurate or reliable.
We do not guarantee that any product, service, or material obtained through the service will meet your expectations or that any errors will be corrected.
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7. INTELLECTUAL PROPERTY & CUSTOMER CONTENT
We do not claim any intellectual property rights over the content of your Instagram profile, website, or promotional materials you use.
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8. PAYMENTS, RENEWALS & REFUNDS
You will pay your subscription using a debit/credit card, including any transaction fees from the selected payment provider.
Subscriptions are billed in advance and charged according to the plan you select. Additional or fixed transaction fees may apply at the discretion of GAIA BUSINESS SERVICES LLC
Cancellation does not entitle you to a refund for the initial billing period, only to the deactivation of future renewals.
By purchasing, you agree to activate automatic payments.
The services provided are those listed on the website. Prices include taxes and fees except for those charged by payment providers.
Service begins immediately upon purchase.
GAIA BUSINESS SERVICES LLC provides an irrevocable digital service for the first period, and therefore no refunds are possible due to its automatic and immediate nature.
You may cancel future renewals, but no refund is granted for any reason after the initial purchase, except at the provider’s discretion.
By purchasing, you agree to receive no refund. GAIA BUSINESS SERVICES LLC does not provide refunds.
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9. TECHNICAL DETAILS
GAIA BUSINESS SERVICES LLC is not affiliated with Instagram or any other third-party platforms and is not responsible for their actions or results.
We are not liable for any damage, issues, or complications affecting you or your business resulting from use of the service.
We are not liable for any suspension, deletion, or penalty applied by Instagram, Facebook, or other platforms, including removal of content.
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10. CANCELLATION AND TERMINATION
You may cancel your subscription and terminate these Terms at any time by contacting GAIA BUSINESS SERVICES LLC support and following the instructions provided.
If canceled by either party, services will stop.
To cancel the service for the initial period, notification must be sent by midnight of the same purchase day.
No refund will be issued for the initial activation period.
Cancellation only prevents further renewals.
To avoid charges for future renewals, cancellation must be submitted by midnight of the day after renewal (first or later).
The renewal payment already made is non-refundable, and cancellation will only stop the next renewal.
Any balance due at termination becomes immediately payable and will be automatically charged.
We reserve the right to change or discontinue the service or these Terms without notice.
Termination does not affect accrued rights or obligations.
We may suspend or terminate the service if we suspect involvement in fraud or financial/legal issues.
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11. SERVICE AND PRICE CHANGES
Service prices may change at any time without notice. Changes will be posted on https://www.agencymediadigital.com/
We reserve the right to modify or discontinue services at any time, with or without notice.
We are not liable to you or third parties for changes, price variations, suspension, or service interruptions.
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12. PRIVACY AND DATA PROTECTION
GAIA BUSINESS SERVICES LLC is committed to protecting your personal data. You acknowledge and accept that the collection, use, and disclosure of such data by GAIA BUSINESS SERVICES LLC is governed by our Privacy Policy, available at:
https://www.agencymediadigital.com/
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13. CONTACTS
If you wish to make a legal request, notify a subpoena or similar document involving our services, our stores, or other parties whose data we process, refer to our legal request guidelines.
For questions about your personal data or to file a complaint regarding how GAIA BUSINESS SERVICES LLC handles your data, please contact:
GAIA BUSINESS SERVICES LLC
EIN 92-3016179
13727 SW 152ND ST MIAMI, FL 33177