Helpsocial General Terms of Service

Helpsocial is a platform that provides automation services for Instagram and TikTok powered by an advanced AI algorithm.

Before proceeding with registration and using the features of the Site/App, we invite you to carefully read these General Terms of Service (the “Terms”). Completing the registration process on the Site/App implies acceptance of the Terms and their communication in exclusively digital format. These Terms may be printed or saved on another durable and accessible medium.

These Terms have been drafted in accordance with the provisions on consumer protection (so-called Consumer Code – Legislative Decree No. 206/2005, as amended by Legislative Decree of March 7, 2023, No. 26) and with the Decree on information society services (Legislative Decree No. 70/2003). Please read them carefully and keep a copy.

The language available for concluding the contract is Italian. The applicable law and jurisdiction is Italian as indicated in Art. 9.

We may also make changes or amendments to these Terms and other contractual documents at any time. The updated versions of all documents will always be published on the Site/App. The Terms and other contractual documents will become automatically and immediately effective, unless otherwise indicated.

General contact information

KodeX Srl, registered office at Via Empedocle 9, 93017 San Cataldo (CL), Italy.
Email: info@helpsocial.ai, Certified Email (PEC): kodex@pec.it

Helpsocial is a service provided by KodeX Srl. You can contact us at info@helpsocial.ai.

Definitions

Unless otherwise or differently defined in these Terms, capitalized terms and expressions shall have the meaning attributed to them above and below, it being understood that terms defined in the plural shall also be understood as defined in the singular and vice versa:

• Site and/or App: the website Helpsocial.ai and the Helpsocial app, owned by KodeX Srl, registered office at Via Empedocle 9, 93017 San Cataldo (CL), Italy. Email: info@helpsocial.ai
• Platform: the web platform Helpsocial.ai managed by Helpsocial that offers automation services for Instagram and TikTok powered by an advanced AI algorithm;
• The Company or We: KodeX Srl, registered office at Via Empedocle 9, 93017 San Cataldo (CL), Italy. Email: info@helpsocial.ai, PEC: kodex@pec.it; the legal entity managing the Platform, domains and subdomains, as well as the owner of the same, the Services and the Content provided through them; the manager and/or owner of the IT and non-IT infrastructure supporting them; the owner of the “Helpsocial” trademark; the Data Controller (as indicated in the Privacy Policy);
• Profile or account: the private area uniquely attributable to a Registered User; the digital environment with customizable content and functions, isolated from other users, licensed together with a unique username and password chosen and assigned to the Registered User;
• User: the natural person using the Site/App without registering their data;
• Registered User: the natural person who has registered their data on the Site/App and who has at their disposal, under license, their own Profile;
• Content: all materials, without exception, present on the Site/App (by way of example and not limitation, texts, images, articles, documents, video materials, logos, original or reproduced works, including software, site logic, menus, layouts, graphics, and colors) or sent to the User by Helpsocial;
• Provider: any operators affiliated with Helpsocial for the provision of the Service;
• Service: the set of activities and operations offered by Helpsocial that Users can carry out through the Site;
• Buyer: the Consumer who purchases the Services through the Site/App;
• Price: the consideration for the Service;
• Contract or Sales Contract: the distance contract for the sale of the Service between the Buyer and Helpsocial, within the framework of an e-commerce service that uses Internet-based communication technology;
• Order: any proposal concerning the purchase of the Service, made by the Buyer to Helpsocial;
• Order Confirmation: the email through which Helpsocial notifies the Buyer of acceptance of the order.

Object of the Contract and Pre-contractual Information

1.1 This contract concerns the provision, in exchange for payment, of the Services offered by Helpsocial.

1.2 Helpsocial is a platform that offers automation services for Instagram and TikTok powered by an advanced AI algorithm.

2. Purchase Procedure and Contract Conclusion

2.1 To purchase the Service, you will be required to:

• create your Profile;
• provide us with your personal data;
• proceed, by clicking on the “Purchase” button, to send your purchase order to Helpsocial and, if applicable, make the payment.

Once the purchase is finalized, Helpsocial will send you an email titled “order receipt and start of Service” containing:

• details of the Contract and the purchased Service;
• the payment method used and the transaction ID;
• a reference to these Terms https://helpsocial.ai/it/termini-e-condizioni/;
• Helpsocial’s contact information.

2.2 The contract shall be deemed concluded only when you receive the email titled “order receipt and start of Service”.

2.3 If you do not receive the “order receipt and start of Service” email within one (1) business day from the order submission, it shall be considered rejected by Helpsocial. Please notify us promptly of any necessary corrections to your personal data or your order by writing to info@helpsocial.ai.

3. Non-Acceptance and Order Cancellation

3.1 Helpsocial may refuse or cancel an order in the following cases:

• payment was not received or is incomplete;
• in case of errors in the text, price list, or other mistakes or inaccuracies in the information on the Site/App;
• in case of previous violations of these Terms or the Site Usage Policy;
• if there is reason to believe you have not reached the age of 16;
• if there is reason to believe you are using the Platform for illegal purposes.

3.2 In any such cases, Helpsocial will notify you by email, explaining the reasons for not processing the order. If any payments were made, they will be refunded within 14 days from the notification of non-acceptance or order cancellation.

4. Prices

The prices for purchasing the Service, as indicated by Helpsocial on the Site/App and in the purchase order, include VAT. The only binding price is the one displayed at the time the order is submitted.

Helpsocial reserves the right to change the prices of its Services at any time and without prior notice. However, any price changes will not affect subscriptions already entered into, which will retain the agreed price until expiration. New prices will apply only to new subscriptions. Continued use of the Service after any price update constitutes implicit acceptance of the new terms.

5. Payment Methods

5.1 Payment for the Service may be made through the payment service provider you selected among those listed on the order page. When the order is submitted, your browsing session may be redirected to the payment service provider’s website, where you will be required to enter the necessary payment details, which will be managed directly by the provider. Please refer to your provider’s Privacy Policy for information on how your data is handled.

5.2 At no point during the payment process will Helpsocial be able to access your payment information. These details are transmitted directly to the electronic payment provider through a secure, encrypted connection. Therefore, Helpsocial shall not be held responsible for any fraudulent or improper use of such data by third parties.

6. Performance of the Contract

6.1 The Service will be delivered once payment has been received. Performance by Helpsocial is thus conditional upon the Registered User providing all the required information for the Service, in accordance with the timeframes indicated on the relevant web page.

7. Right of Withdrawal for Consumers

7.1 If you are a Consumer, you have the right to withdraw from the contract concluded with Helpsocial without any penalty, by notifying Helpsocial of your intention to withdraw within fourteen (14) days from the first payment, starting from the day you activated our service and paid for the order.

7.2 To exercise your right of withdrawal, you must provide us with an explicit declaration and send it via email to info@helpsocial.ai. The declaration should include your personal details, order information, and a clear statement of your intention to withdraw from the contract, along with a request for a refund of the amount paid. This must be done within 14 days from the date of purchase from the first payment.

7.3 If you do not intend to use the service, make sure to cancel the automatic renewal at least 48 hours before the next billing cycle to avoid charges. Once a payment is marked as “in transit,” it cannot be refunded.

8. Exclusions and Limitations of Liability

8.1 The User acknowledges and accepts that Helpsocial is not affiliated with, sponsored by, or approved by Meta Platforms, Inc. (owner of Instagram and Facebook) or ByteDance Ltd. (owner of TikTok). Any changes to the terms of service, policies, or features of these platforms may affect the operation of the Services without any liability on the part of Helpsocial.

8.2 Helpsocial does not guarantee any specific results in terms of Profile growth, engagement, or increased visibility on Instagram and TikTok. The Service is provided “as is” and “as available,” and the Registered User agrees to use the Platform at their own risk.

8.3 To the extent permitted by law, Helpsocial shall not be held liable for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to:

• Loss of profits, revenue, business opportunities, reputation, or any other economic losses resulting from the use of the Site/App and the Service;
• Inability to use the Platform, including malfunctions caused by changes in third-party policies, updates, or account suspensions by Instagram, TikTok, or other service providers;
• Limitations, suspensions, or restrictions imposed by third-party platforms on Registered Users’ accounts that are beyond Helpsocial’s control;
• Damages caused by force majeure or by disruptions of services provided by third parties (including payment or hosting services);
• Failure to achieve expected results in terms of profile growth, engagement, or visibility, since such outcomes depend on external factors beyond Helpsocial’s control.

8.4 Helpsocial shall not be held liable for any damages of any kind resulting from the inability to use the Platform, even when attributable to the non-fulfillment by its providers (e.g., payment services).

8.5 The Registered User acknowledges that changes to third-party platform services may affect the provision of the Service without Helpsocial being liable for such events, including data loss, suspension, or closure of the Registered User’s account.

8.6 Helpsocial declares that it has adopted all necessary security measures in compliance with current Italian legislation on personal data protection (GDPR – EU Reg. No. 679/2016, Legislative Decree 196/2003, as amended by Legislative Decree 101/2018). The full privacy policy is available on the Site/App.

9. Jurisdiction

Any disputes may be resolved by the Court of Caltanissetta as indicated in Article 10.8, following a mediation process as described in Article 10.5. The applicable law and competent jurisdiction shall be Italian law, without prejudice to any mandatory rules for consumer protection.

10. Final Provisions

10.1 These Terms and any subsequent amendments or supplements exclusively govern the relationship between Helpsocial and the User.

10.2 Any variations or exceptions to the Terms are valid only if published on the Site/App and accepted by the User.

10.3 The invalidity, even if supervening, of one or more clauses of the Terms shall not affect the validity of the remaining clauses or of other legal relationships established between Helpsocial and the User.

10.4 In the event of a dispute, the User shall first contact Helpsocial by email at info@helpsocial.ai (subject: “Complaint”), or by letter sent to the registered office of Helpsocial as indicated in the general contact information.

10.5 If the complaint to customer service is unsuccessful, the User may submit the dispute with Helpsocial to a mediator, who will independently and impartially seek to resolve the dispute amicably.

10.6 The European Commission has also created an online platform for the resolution of disputes (“ODR platform”) between businesses and consumers. The ODR platform is available at ec.europa.eu/consumers/odr/.

10.7 Helpsocial reserves the right to decide whether or not to participate in any dispute resolution proceedings before the consumer arbitration board. Furthermore, if Helpsocial does participate in a mediation process, it is free to accept or reject any proposals made.

10.8 In the absence of an amicable agreement, any dispute relating to the application, interpretation, or execution of these general terms of sale shall be brought before the court of the defendant’s place of residence.

 

Helpsocial Terms of Use of the Site

Dear User, before registering and using the features of the Helpsocial.ai Site and App, we invite you to carefully read the terms contained in this document (the “Regulation”) as well as the General Terms of Service (the “Terms”).

The User agrees to be bound by this Regulation, by all terms and conditions contained or referenced herein, or by any additional terms or conditions set forth on the Site/App, and agrees to comply with them.

Definitions

• Site and/or App: the website Helpsocial.ai and the Helpsocial.ai app, including any associated subdomains or landing pages, owned by Helpsocial;
• Platform: the Helpsocial.ai web platform managed by Helpsocial that offers automation services for Instagram and TikTok powered by an advanced AI algorithm;
• The Company or We: KodeX Srl, registered office at Via Empedocle 9, 93017 San Cataldo (CL), Italy, email info@helpsocial.ai, PEC: kodex@pec.it; the legal entity managing the Platform, domains and subdomains, and owning the same, the Services and the Content provided through them; the manager and/or owner of the IT and non-IT infrastructure supporting them; the owner of the “Helpsocial” trademark; the Data Controller (as indicated in the Privacy Policy);
• Profile or account: the private area uniquely attributable to a Registered User; the digital environment with customizable content and features, isolated from other users, licensed with a unique username and password chosen by the Registered User and assigned to them;
• User: the natural person using the Site/App without registering their data;
• Registered User: the natural person who has registered their data on the Site/App and who has access to a licensed Profile;
• Content: the materials, without exception, present on the Site/App (including but not limited to texts, images, articles, documents, videos, logos, original or reproduced works, software, site logic, menus, layouts, graphics, and colors) or sent to the User by Helpsocial;
• Provider: any third-party operators affiliated with Helpsocial for the provision of the Service;
• Service: the set of activities and operations offered by Helpsocial that Users can perform through the Site;

Description of the Website and App

Helpsocial.ai is a platform that offers automation services for Instagram and TikTok powered by an advanced AI algorithm. Use of the Platform occurs in three simple steps:

1. The User connects the account they want to grow and target with their product or service.
2. The User defines their target by providing similar profiles and activating Helpsocial’s AI support to identify them.
3. Helpsocial’s AI support interacts with the target audience, generating interest and leading them to engage with the User.

2. Use of the Site and App

The User may freely browse the Site/App without providing personal data. However, to use the Services, the User must register by providing their personal information.

The User may use the Site/App and related Services solely for the purposes for which they were designed.

Any unlawful or illegal activity carried out by the User through the Site/App will be prosecuted under applicable laws.

3. User Obligations

The User agrees to use the Site/App in accordance with its intended purposes and specifically agrees to:

• comply with this Regulation for any Services purchased;
• not use the Site/App or its subdomains for illegal, misleading, defamatory, or discriminatory purposes, or for unlawful activities;
• not provide false personal information;
• not create an account on behalf of another person;
• not enter duplicate personal information or email addresses;
• not attempt to tamper with or damage the Site/App or compromise its functioning;
• not probe, scan, or test the vulnerability of the Site/App or any network connected to it, or breach any security or authentication measures;
• ensure that contact information is always correct and up to date;
• not provide personal data unless over 16 years of age or without proper authorization from a parent or legal guardian;
• not use the Site/App if legally incapable or if the Profile has been disabled due to violations of the Terms of Use, General Terms of Service, or any disputes with Helpsocial.

To ensure data security, any User who intends to create and use a Profile agrees to:

• choose a strong password following Helpsocial’s recommendations;
• not reuse passwords used on other websites;
• avoid using known, publicly available personal data for their password;
• store their password in a secure place and under their own control;
• not share, transfer, or disclose their password to third parties;
• not transfer or assign the Profile to others;
• immediately report any unusual activity related to their Profile;
• keep their account and password confidential and monitor access to their computer and mobile devices;
• take all necessary precautions to keep the password secure and private.

Helpsocial may, without notice or authorization, and at its sole discretion, block or suspend access to a Registered User’s Profile in case of repeated and/or serious violations of these Terms of Use and/or the contractual terms, or when deemed appropriate for security or legal compliance reasons.

4. User Responsibility

The User assumes full responsibility for any activity carried out through the Services offered by Helpsocial, which they use at their own risk, including the data stored therein.

The User guarantees that all data or information entered is accurate, up to date, and that they have all necessary rights to use the data or documents produced on the Site/App, and assumes full responsibility for them.

5. Intellectual Property, Domain Names, Names, and Trademarks

The User acknowledges that all Content present on the Site/App (including but not limited to images, graphics, texts, data, software, sounds, illustrations, drawings, icons, videos, and photographs) and/or provided by Helpsocial (such as datasheets, tables, articles, tips, instructions, etc.) is the exclusive property of Helpsocial and/or third parties and is protected by copyright or other intellectual property laws.

Unless otherwise stated on the Site or with written permission from Helpsocial and/or the rights holders, any use or distribution of the material (such as reproduction, downloading, saving, sharing, publishing, or broadcasting in any medium or form) is prohibited.

“Helpsocial” is a name and/or trademark owned by KodeX Srl, along with the logos used on the Site/App.

Use or reproduction of such names, trademarks, or logos in any form is prohibited unless expressly authorized in writing by Helpsocial. The User is granted a non-transferable, temporary license to create and use their own Profile. No use beyond what is expressly provided in these terms or under applicable law is permitted.

6. Limitation of Liability

To use our Services, the Registered User must authenticate through official access methods provided by our Provider. Our software, licensed from our Providers, communicates directly with Instagram and TikTok servers via the Provider.

Access is required to enable the Provider to operate within the limits set by Instagram and TikTok to interact with the Registered User’s target audience.

The Registered User acknowledges and accepts that Helpsocial is not responsible for the operation, updates, compatibility, or malfunctions of the Provider’s software, as it is developed and managed by the Provider. The Registered User also acknowledges that any changes to the social platforms’ terms of service or APIs may affect the functionality of the Provider’s software, and Helpsocial cannot be held liable.

The Registered User acknowledges that changes to their Instagram and/or TikTok account password or two-factor authentication settings may prevent proper functioning of the Service. In such cases, the Service will be suspended until the User logs in again with updated credentials. Helpsocial is not liable for interruptions resulting from such changes.

Helpsocial shall not be held liable for any damages resulting from the inability to use the Platform, even if caused by third-party providers (payment services, etc.).

Helpsocial provides an automated service based solely on instructions provided by the client. Therefore, Helpsocial assumes no responsibility for data entered, transmitted, or processed by the Registered User through the Service, nor for messages sent or consequences arising from use on Instagram and TikTok.

The Registered User accepts full responsibility for the use of the Service. Helpsocial shall not be held liable for direct, indirect, incidental, special, or consequential damages related to the use, suspension, limitation, or termination of the Service, including those caused by changes to Instagram or TikTok policies or terms of use.

The Registered User also acknowledges that due to the automated nature of the Service, Instagram and/or TikTok may temporarily limit, suspend, or close the User’s account. In such cases, the social profile will remain active, but some features may be restricted. Helpsocial shall not be responsible for such occurrences or any related consequences.

The Registered User agrees to hold Helpsocial, its directors, employees, collaborators, and providers harmless from any liabilities, losses, damages, claims, or expenses (including legal fees) arising from the use of the Service, including those resulting from social media restrictions.

To the maximum extent permitted by law, Helpsocial’s total liability is limited to the total amount paid by the Registered User for the Services.

Helpsocial is not responsible for any delays, malfunctions, or interruptions of the Service.

7. Personal Data Protection

The processing of the User’s personal data will be carried out by Helpsocial in full compliance with the applicable Italian data protection legislation (GDPR – EU Regulation No. 679/2016, Legislative Decree 196/2003 as amended by Legislative Decree 101/2018). The full privacy policy is available on the Site/App.

Helpsocial does not collect, store, or use in any way access data or other sensitive information related to users’ social profiles. Authentication occurs exclusively through the official access methods provided by our Provider. Helpsocial has no access to this data, and no information is ever shared with us. Our software, licensed from our Providers, operates in full compliance with user privacy and in accordance with our Privacy Policy.

8. The AI ACT (Artificial Intelligence Law)

On March 13, 2024, the European Parliament adopted the AI Act (the “Law”), which applies to any use of AI in the EU or where it affects individuals within the EU. The general purpose of the Law is to protect individuals’ health, safety, and fundamental rights as AI products enter the market. The Law aims to create a single framework for the creation, distribution, use, and adoption of AI. It will replace existing national AI regulations, making it easier and legally safer for companies to operate throughout the EU. The Law will have a two-year transitional period before full implementation. We are and will remain committed to complying with all future regulatory requirements.

The Law adopts a risk-based approach, classifying AI use as “unacceptable risk,” “high risk,” “general-purpose AI,” “limited risk,” and “minimal risk.” In our view, our Platform currently qualifies as “minimal-risk AI,” since our AI system poses minimal or no risk to fundamental rights or safety. In fact, Users do not directly interact or communicate with our AI; rather, the AI is used to assist Users in identifying their target audience.

The Platform performs no biometric analysis and we are not interested in personal identification now or in the future. According to the Federal Commissioner for Data Protection and Freedom of Information, the General Data Protection Regulation (GDPR) defines “biometric data” as personal data resulting from specific technical processing relating to the physical, physiological, or behavioral characteristics of a natural person, which allow or confirm the unique identification of that person (see Art. 4 No. 14 GDPR). Examples include facial images or fingerprint data.

Our Platform, and the AI system it uses, does not recognize emotions nor does it attempt to. The AI does not know whether the User is happy or sad, nor does it try to find out, because it is irrelevant to the Service. Lastly, since our AI system does not understand users’ emotions, it makes no attempt to influence or control them.

9. Contact Information

For any questions or needs, you may contact us by email at info@helpsocial.ai or by writing to:

KodeX Srl, Via Empedocle 9, 93017 San Cataldo (CL), Italy

10. Jurisdiction and Competent Court

Unless otherwise provided by law, any disputes relating to this Regulation will be subject to Italian jurisdiction, and the applicable law shall be Italian law, without reference to conflicts of laws provisions. The User agrees to submit to the exclusive jurisdiction of the Court of Caltanissetta, after attempting a mediation process through a neutral mediator who will independently and impartially try to reconcile the parties amicably.

The European Commission has also created an online platform for resolving disputes (“ODR platform”) between businesses and consumers. The ODR platform is accessible at ec.europa.eu/consumers/odr/.

Helpsocial reserves the right to decide whether or not to participate in any consumer arbitration proceedings. Likewise, if Helpsocial does take part in a mediation process, it may accept or reject any proposal made.

It is understood that, in the absence of an amicable agreement between the parties, any disputes relating to the application, interpretation, and enforcement of this Regulation shall be submitted to the Court of Caltanissetta.