Terms of Service for BAVStudios

1.1

Nov 26, 2024

These Terms of Service ("Terms", "Agreement") govern the use of the mobile application (the "App") and the marketing services (the "Services") provided by BAVStudios ("we", "our", "us"). By accessing or using the App and/or engaging in any marketing services offered by BAVStudios, you ("User", "Client", "you") agree to comply with and be bound by these Terms.

1. Acceptance of Terms

By downloading, accessing, or using the App, and/or by engaging with our marketing services, you acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you should not use the App or our Services.

2. Use of the App

The App allows users to interact with Instagram and use various features related to Instagram accounts. Accessing the App requires you to:

  • Grant access to your Instagram account through an access token.

  • Use the App solely for personal or commercial purposes, in accordance with Instagram’s Terms of Service.

You agree not to:

  • Use the App for any illegal, harmful, or unauthorized purpose.

  • Modify, reverse-engineer, or tamper with the App.

  • Violate Instagram’s Terms of Service or Community Guidelines.

  • Interfere with the App's functionality, servers, or networks.

  • Share or distribute your access credentials, including the Instagram access token, with unauthorized third parties.

3. Marketing Services

In addition to the App, BAVStudios offers marketing services, including but not limited to social media management, paid advertising, content creation, analytics, and strategy development (the "Services"). As a Client, you agree to the following:

  • Scope of Services: The specific marketing services you have agreed to receive will be outlined in a separate agreement, proposal, or service contract. This may include campaign timelines, deliverables, pricing, and other relevant details.

  • Payment Terms: Payment for Services will be specified in the agreement or invoice. Failure to make payments as agreed will result in the suspension or termination of services.

  • Client Responsibilities: You agree to provide all necessary content, information, and cooperation required for BAVStudios to provide the marketing services. This may include access to your social media accounts, brand assets, or other digital properties.

  • Results Disclaimer: While BAVStudios will use reasonable efforts to achieve results, we do not guarantee any specific outcome, including but not limited to increased sales, followers, traffic, or engagement.

4. User Account and Security

To use certain features of the App or access certain Services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.

  • Maintain the confidentiality of your account login information and any access credentials.

  • Notify us immediately of any unauthorized use of your account or any security breaches.

5. Payment and Billing (For Marketing Services)

Clients engaging in marketing services will be billed according to the terms specified in the service contract or invoice. BAVStudios accepts payment through the following methods: e.g., credit card, PayPal, etc.

Late payments may incur additional fees, and failure to pay as agreed may result in suspension of Services. Clients are responsible for all applicable taxes, fees, or charges associated with the Services.

6. Termination of Services

BAVStudios reserves the right to suspend or terminate your access to the App or Services at any time, for any reason, including:

  • Violation of these Terms.

  • Unauthorized use of the App or marketing services.

  • Failure to comply with payment obligations.

Clients may terminate their marketing service agreement as per the terms outlined in the contract, typically with a specified notice period. If you wish to cancel services, you must notify us in writing and adhere to any cancellation policies stated in the service agreement.

7. Intellectual Property

  • App: All content, design, graphics, and materials in the App, including the branding, are owned by BAVStudios or its licensors. You are granted a limited, non-exclusive, and non-transferable license to use the App only as expressly permitted by these Terms.

  • Marketing Services: All intellectual property created by BAVStudios as part of the marketing services (e.g., advertising campaigns, social media posts, logos, graphics) remains the property of BAVStudios until payment is completed. Upon full payment, ownership of the deliverables may transfer to the Client, as specified in the service agreement.

8. Privacy

BAVStudios respects your privacy and handles your personal and account data in accordance with our [Privacy Policy]. By using our App and Services, you consent to our collection, use, and sharing of your data as outlined in the Privacy Policy.

9. Limitation of Liability

To the fullest extent permitted by law, BAVStudios will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App or Services, including but not limited to loss of data, business interruptions, or profits.

10. Indemnification

You agree to indemnify, defend, and hold harmless BAVStudios and its affiliates, employees, contractors, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App and/or Services.

  • Any breach of these Terms.

  • Your violation of any law, regulation, or third-party rights.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts in Australia.

12. Modifications to the Terms

BAVStudios reserves the right to update or modify these Terms at any time. We will notify you of any significant changes, and the revised Terms will be posted on our website or within the App. Your continued use of the App or Services after any such modifications constitutes your acceptance of the revised Terms.

13. Miscellaneous

  • Entire Agreement: These Terms, along with our Privacy Policy and any other legal notices or agreements published on the App or Services, constitute the entire agreement between you and BAVStudios.

  • Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

  • Force Majeure: BAVStudios will not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, or technical issues.

14. Contact Information

For any questions or concerns about these Terms, please contact us at:

BAVStudios
support@bavstudios.com