Thank you for using Embassy Social. Please read this End-User License Agreement (the “Agreement” or, alternatively, the “Terms”) carefully before using the Embassy application (the “Application”). By using the Application, you are agreeing to be bound by the terms and conditions in this Agreement.
If you do not agree to the terms of this Agreement, do not download or use the Application.
You acknowledge and agree that this Agreement is solely between and Embassy Social. More specifically, you acknowledge and agree that this Agreement is not with Apple. Embassy Social, not Apple, is responsible for the Application and, in accordance with our Terms and Services, the content thereof. To the degree that any of these usage rules conflicts with the Apple Media Services Terms and Conditions as of the Effective Date, the Apple Media Services Terms and Conditions shall control, and are incorporated as part of this Agreement.
When this Agreement refers to “Embassy”, “Embassy Social”, “us”, “we” or “our”, it refers to Embassy Social, LLC, a Delaware limited liability company. We also occasionally refer to the Embassy Social Application that helps you use our Services as the “Software”.
“you”, “your” and similar terms mean the person or legal entity accessing or using our Services.
Our websites or mobile sites, including embassysocial.io and any and all subdomains, present and future, and/or any services that you access or purchase through our websites are referred to as our “Website”.
User Content that is created and/or published to any of our Supported Platforms using our Software is referred to as our “Publishing Services”.
Use of our Software’s hashtag tracking attributes to ensure that our Software accurately displays a User’s Qualifying Engagements so that an Ambassador can receive credit for those Qualifying Engagements in any joined and applicable Campaign(s), and/or so that a Brand can track and manage its Campaign(s) is referred to as our “Hashtag Services”.
Creating, managing, and/or participating in any campaign or incentive program using our Software – specifically by a Brand creating a visible marketing campaign within our Software and associating it with a relevant hashtag(s) (“Qualifying Hashtag”) that an Ambassador can then feature in User Content on Linked Accounts to be recognized by our Hashtag Services is referred to as a “Campaigns”.
Using any of Embassy Social’s present and future Services, including any and all other Embassy Social products and services made available from time to time through the application is called our "Other Products".
Taken together, we call the Website, the Publishing Services, the Hashtag Services, the Campaigns, and the Other Products the "Services". To be clear, however, we do not use the term Services to include any third-party services (such as Facebook’s, Instagram’s, our Twitter’s provided services) that are not specifically provided by Embassy Social (“Third-Party Services”), even though you may use these Third-Party Services in connection with our Services.
Any applicable Embassy Social terms of service are referred to as the “Terms”.
Embassy Social has two types of users: “Brands” and “Ambassadors”. Brands are those users who create and manage Campaigns, and who are billed according to how many Engagements their Campaigns receive. Ambassadors are those users who participate in Campaigns by joining Campaigns and then featuring Qualifying Hashtags in User Content on Supported Platforms. Taken together, we call Brands and Ambassadors our “Users”. These two groups of users can occasionally overlap, but we define a user by what Services they are using in our Software at a particular moment in time – a user can be considered a Brand in one instance and an Ambassador in a different instance, in other words.
We use the term “User Content” to refer to any and all information and data (such as text, images, photos, videos, audio, hashtags, and/or documents) in any format that is uploaded to, downloaded from, or appears on our Services.
We use the term “Engagements” to refer to any comments, likes, shares, retweets, reposts, favorites, hearts, comments, and/or replies that User Content receives, that is detected by our Hashtag Services, and that is displayed by our Services. We use the term “Qualifying Engagements” to refer to those Engagements generated by User Content on an Ambassador’s Linked Account that includes a Qualifying Hashtag in a joined Campaign, which can then be detected by our Hashtag Services and displayed by our Services.
Our Software currently allows Users to link their Facebook, Instagram, and/or Twitter accounts to their Embassy Social accounts. Taken together, we call these (i.e. Facebook, Instagram, and Twitter) our “Supported Platforms”. Once a User links their Embassy Social account with their account on a Supported Platform, we call that account a “Linked Account”.
Embassy Social offers Brands a way to create Campaigns that reward their Ambassadors for creating great content, and it offers Ambassadors a way to get rewarded for their content. Specifically, Brands create Campaigns using Embassy Social’s Software, and then assign those Campaigns specific Qualifying Hashtag(s). Ambassadors then choose to participate in Campaigns by joining Campaigns through the Software and then creating User Content that features the Qualifying Hashtag(s) on their Linked Accounts, which can then be recognized by our Hashtag Services. Our Software will then keep track of when an Ambassador has received enough Qualifying Engagements to qualify for certain Brand-defined rewards for reaching certain Brand-defined engagement goals, and will keep track of when a particular Campaign has met certain Brand-defined engagement goals (thus terminating the Campaign). Additionally, Brands not only gain trust and exposure through the Linked Accounts of their Ambassadors and the ability to manage their Campaigns through our Software, but they can also repost Ambassador User Content to their own Linked Accounts through our Software – raising the profile of both their own Brand and the Ambassador who created the User Content.
In strict accordance with this Agreement and all other applicable laws and terms of service, you agree to timely perform all transactions into which you enter. This includes, as relevant and applicable, promptly creating and/or publishing User Content, and promptly providing payment for such User Content. Failure to complete the terms of any proper transaction may result the termination of your access to the Application.
Your use of the Services is subject to our Privacy Policy, which is available here:
https://www.embassysocial.io/privacy-policy
Embassy Social grants you a revocable, non-exclusive, non-transferrable, limited license to use the Application strictly in accordance with the terms of this Agreement, and on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You agree not to, and you will not permit others to:
Embassy is solely responsible for providing any maintenance and support services with respect to the Application, in accordance with the terms of this Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Embassy reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
This Agreement shall remain in effect until terminated by you or Embassy Social.
Embassy Social may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Embassy Social, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or other computer device.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or other computer device.
This Application is designed to work with certain third-party services and Supported Platforms. You agree not to violate – and to comply with – any and all applicable third-party terms of agreement when using the Application.
You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes on the intellectual property rights of such third-party, Embassy Social or you, not Apple, will be solely responsible for the investigation, defense, settlement, and/or discharge of any such intellectual property infringement claim.
You further acknowledge that – unless otherwise provided – the Application is the exclusive property of Embassy. Embassy grants you access its Application solely for the limited purpose of using the Application to access the Services. All other intellectual property rights with regards to the Application itself shall reside in Embassy.
Except as otherwise provided – and subject to all applicable laws and/or third-party rights – any content you create and/or publish to any of our Supported Platforms using our Application continues to belong to you. Any content that is created and/or published in exchange for payment by any third-party user of the Application, however, shall belong to such third-party. You agree not to create and/or publish – or solicit any third-party user of the Application to create and/or publish – any content that infringes on the intellectual property rights of any third-party. You agree to indemnify Embassy for any and all damages, claims, and/or fees arising out of your violation or purported violation of the intellectual property rights of any third-party.
You acknowledge that Embassy, not Apple, is responsible for addressing any claims you or any third-party might have relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Embassy’s Application’s use of the HealthKit and HomeKit frameworks. Embassy reserves all rights available under the law.
To the maximum extent permitted by law, Embassy shall not be liable to you for indirect, special, or consequential, incidental, or punitive damages; or lost profits, lost revenue, lost business expectancy, or business interruption losses.
In addition to any other right or remedy provided by law, any material violation of this Agreement by you shall entitle Embassy to receive compensatory damages, including compensation for any damages experienced that were reasonably foreseeable as a result of your violation of this Agreement. In the event that you take any action wantonly, willfully, or maliciously that results in damages and/or lost opportunities and/or profits to Embassy, Embassy may also seek punitive damages and costs and attorneys’ fees.
In the event that you breach this Agreement, Embassy may terminate your use of the Application immediately, and/or may take any other actions that are necessary and prudent, including any actions available to it under the law. If Embassy breaches this Agreement, you shall provide Embassy with written notice of such breach. Embassy shall then have thirty (30) days to cure such breach. In the event the breach is not cured within thirty (30) days of receiving written notice of such breach, the Parties agree to make good faith efforts to mediate their dispute prior to seeking other remedies, unless such efforts would be clearly futile.
Embassy hereby represents, warrants and covenants to you as follows: (a) This Agreement is valid, binding, and enforceable against Embassy in accordance with its terms; (b) Embassy is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware and is authorized to conduct business as defined within the Agreement; (c) Embassy has the full power and authority to execute and deliver this Agreement and to perform all its obligations under this Agreement. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION – AND TO THE MAXIMUM EXTENT PERMITTED BY LAW – EMBASSY DISCLAIMS AND YOU HEREBY WAIVE ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Notwithstanding the foregoing, Embassy is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Embassy’s sole responsibility.
Except in the event of Embassy own gross negligence, or willful misconduct, in the event that any claim is made against Embassy arising from or in connection with any action, suit, proceeding, or claim which is or may be made or brought against Embassy in connection with your violation of this Agreement or your use of the Application, you shall indemnify, defend, and hold harmless Embassy, its successors and assigns, and the owners, directors, managers, officers, employees and agents of each from and against all and all claims, debts, liabilities, demands, obligations, judgements, assessments, costs and legal and other expenses (including, without limitation, attorneys’ fees and court costs) arising from or in connection with such claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You further agree to comply with all relevant federal, state, and local laws in your use of the Application and performance of this Agreement.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and arrangements, oral or written, between the Parties with respect to the subject matter hereof.
Embassy Social reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 10 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Embassy Social is headquartered in Birmingham, Alabama. You agree that this Agreement is a transaction occurring in Alabama. This Agreement and all related disputes shall be controlled by the laws of the State of Alabama, without regard to its choice of law rules. In the event of a dispute, all parties agree that the Courts of the State of Alabama shall have jurisdiction.
The headings, captions, headers, footers and version numbers contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
If you have any questions about this agreement please contact us. Embassy Social is headquartered in Birmingham, Alabama, in the United States of America. You can contact our team via e-mail at contact@embassysocial.io. Please include the word “TERMS” or “EULA” in the subject line of the e-mail.
Or via mail:
Embassy Social, LLC
1103 Old Forest Road
Birmingham, Alabama 35243
© 2022, Embassy Social, LLC
