Please read these Terms of Service ("Terms") carefully before using
SMPlug. By creating an account, accessing, or using any part of our Service, you agree to be bound by these Terms, our
Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Service.
1. Acceptance of Terms
By accessing or using SMPlug (the "Service," "Platform," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and SMPlug.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
We reserve the right to refuse service to anyone for any reason at any time.
2. Description of Service
SMPlug is a social media marketing automation platform that provides the following features and services:
2.1 Social Media Publishing
Schedule and publish posts, images, videos, carousels, and reels to multiple social media platforms, including Facebook Pages, Instagram Business Accounts, Twitter/X, LinkedIn (personal profiles and company pages), and TikTok.
2.2 Design Studio
Create visual content, banners, and graphics using our built-in design tools. Import designs from Canva through our Canva integration. Use background removal tools powered by third-party services.
2.3 AI Content Generation
Generate post captions, content ideas, and text using AI-powered writing tools (powered by Google Gemini AI).
2.4 WhatsApp Marketing
Send marketing messages, notifications, and campaign broadcasts to your contacts using the WhatsApp Cloud API. Manage contact lists, create message templates, and track campaign performance.
2.5 Facebook Groups Sharing
Share and distribute content to Facebook Groups you administer or belong to, facilitated through our desktop companion application. This feature operates within the boundaries of Facebook's platform policies.
2.6 Academy and Educational Content
SMPlug may offer educational courses, tutorials, and training materials related to social media marketing ("Academy"). Completion of Academy courses may result in the issuance of a certificate of completion.
2.7 Facebook Monetization Guidance
SMPlug may provide tools, tips, and guidance related to Facebook monetization strategies. See Section 21 for important disclaimers regarding this feature.
3. Account Registration and Responsibilities
3.1 Eligibility
You must be at least 18 years of age to use the Service. By registering, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3.2 Account Information
You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information to keep it accurate and complete.
- Maintain the confidentiality and security of your password and not share your login credentials with any third party.
- Accept full responsibility for all activities that occur under your account.
- Notify us immediately at support@smplug.online of any unauthorized use of your account or any other breach of security.
3.3 One Account Per User
Each user may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse credits, or violate these Terms is prohibited and may result in termination of all associated accounts.
4. Credit System and Payments
4.1 Credit-Based Model
The Service operates on a credit-based system. Credits are required to publish posts, use AI content generation, and access certain premium features. The number of credits consumed per action is displayed before you confirm the action.
4.2 Purchasing Credits
- Credits are purchased through PayPal using activation codes provided after successful payment.
- All prices are displayed at the time of purchase and are inclusive of any applicable processing fees.
- We reserve the right to change credit pricing at any time. Price changes will not affect credits already purchased.
4.3 Refund Policy
- All credit purchases are final and non-refundable unless required by applicable consumer protection law in your jurisdiction.
- Credits cannot be exchanged for cash, transferred to another user, or redeemed outside of the Service.
- We are not responsible for failed transactions caused by your payment provider, network issues, or incorrect payment details.
4.4 Credit Expiration and Forfeiture
- Credits do not expire while your account remains active and in good standing.
- Upon account termination (whether voluntary or involuntary), all remaining credits are forfeited and non-refundable.
- We reserve the right to remove credits from accounts obtained through fraud, abuse, or exploitation of bugs or system errors.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to use the Service to:
5.1 Prohibited Content
- Post, publish, or distribute spam, unsolicited bulk messages, or deceptive content.
- Post content that is defamatory, libelous, harassing, threatening, abusive, or hateful.
- Post sexually explicit, pornographic, or obscene material.
- Post content that promotes violence, terrorism, self-harm, or illegal activities.
- Post content that infringes on the intellectual property rights, privacy rights, or other rights of any third party.
- Post false, misleading, or fraudulent content, including fake news or misinformation.
- Post content that violates the terms of service of any connected social media platform.
5.2 Prohibited Conduct
- Attempt to gain unauthorized access to the Service, other users' accounts, or any related systems or networks.
- Use automated scripts, bots, scrapers, or other unauthorized automated means to access or interact with the Service beyond its intended functionality.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
- Interfere with or disrupt the Service, servers, or networks connected to the Service.
- Resell, sublicense, or redistribute the Service or any part thereof without our express written permission.
- Use the Service to send unsolicited commercial messages (spam) via WhatsApp, social media, or any other channel.
- Exploit bugs, glitches, or system errors to gain credits, features, or advantages not intended by SMPlug.
- Create accounts under false or misleading identities.
- Circumvent any access restrictions, rate limits, or security measures implemented by the Service.
5.3 WhatsApp Messaging Conduct
When using our WhatsApp marketing features, you additionally agree to:
- Only message contacts who have provided explicit consent (opt-in) to receive messages from you.
- Honor all opt-out and unsubscribe requests promptly.
- Comply with all applicable anti-spam laws, including CAN-SPAM, GDPR, and local telecommunications regulations.
- Not use the Service for sending phishing messages, scams, or fraudulent offers.
- Follow WhatsApp's Business Policy and Commerce Policy at all times.
6. Platform API Compliance
You are solely responsible for ensuring that your use of the Service complies with the terms of service, community guidelines, and developer policies of each social media platform you connect, including but not limited to:
SMPlug is an independent platform and is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc., X Corp., LinkedIn Corporation, ByteDance Ltd., or any other social media platform.
We reserve the right to suspend or disable features, integrations, or your access to the Service if a platform API is revoked, suspended, or if your use of the Service violates any platform's policies. You acknowledge that social media platforms may change their APIs, terms, or policies at any time, which may affect the availability or functionality of the Service.
7. Content Ownership and Licensing
7.1 Your Content
You retain full ownership of all content you create, upload, or submit through the Service ("User Content"), including posts, images, videos, designs, captions, and other materials.
By using the Service, you grant SMPlug a limited, non-exclusive, royalty-free, worldwide license to store, process, transmit, and display your User Content solely for the purpose of providing, operating, and improving the Service. This license terminates when you delete your content or your account, except for content that has already been published to third-party platforms (which is then governed by those platforms' terms).
7.2 Your Representations
You represent and warrant that:
- You own or have obtained all necessary rights, licenses, and permissions for all User Content you submit.
- Your User Content does not infringe, violate, or misappropriate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights.
- You have obtained consent from any individual whose personal information or likeness appears in your User Content.
7.3 AI-Generated Content
Content generated by AI tools within the Service is provided as a suggestion. You acknowledge that:
- AI-generated content may not always be accurate, original, appropriate, or free from bias.
- You are solely responsible for reviewing, editing, and approving any AI-generated content before publishing.
- You assume full responsibility for any AI-generated content you choose to publish.
- We make no warranties regarding the accuracy, originality, suitability, or fitness of AI-generated content for any particular purpose.
- AI-generated content may inadvertently resemble existing copyrighted works. It is your responsibility to verify originality before publishing.
8. Intellectual Property
The Service, including its original content, features, functionality, design, source code, graphics, user interface, logos, and trademarks, is owned by SMPlug and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not:
- Copy, modify, distribute, sell, or lease any part of the Service or its software.
- Reverse engineer or attempt to extract the source code of the Service.
- Use the SMPlug name, logo, or branding without our prior written consent.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service.
9. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMPLUG DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- WARRANTIES THAT RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- WARRANTIES THAT SCHEDULED POSTS WILL BE PUBLISHED SUCCESSFULLY OR ON TIME.
- WARRANTIES REGARDING THE AVAILABILITY OR CONTINUED FUNCTIONALITY OF ANY THIRD-PARTY API OR PLATFORM INTEGRATION.
You understand and agree that you use the Service at your sole risk. We do not guarantee that the Service will meet your specific requirements or expectations.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMPLUG, ITS OPERATORS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, goodwill, or business opportunities.
- Failure of scheduled posts to publish or posts published with errors.
- Unauthorized access to or alteration of your account or content.
- Actions taken by social media platforms in response to your content, including account suspension, content removal, or feature restriction.
- Loss of social media followers, engagement, reach, or monetization eligibility.
- WhatsApp account restrictions or bans resulting from your messaging practices.
- Downtime, interruptions, or discontinuation of any third-party API or service.
- Any other damages arising from your use or inability to use the Service.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO SMPLUG IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY US DOLLARS (USD $50.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to indemnify, defend, and hold harmless SMPlug, its operators, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service.
- Your User Content, including any content published to social media platforms through the Service.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
- Your violation of any applicable law, regulation, or social media platform policy.
- Your WhatsApp messaging practices, including messages sent to contacts who did not consent to receiving them.
- Any claim by a third party that your content or use of the Service caused damage to that third party.
12. Service Availability and Modifications
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We reserve the right to:
- Perform scheduled or emergency maintenance that may temporarily interrupt the Service.
- Modify, suspend, or discontinue any feature of the Service with or without notice.
- Impose limits on certain features or restrict access to parts of the Service.
We are not liable for any loss, damage, or inconvenience caused by:
- Scheduled or unscheduled downtime or maintenance.
- Missed, delayed, or failed post publications due to Service interruptions or third-party API failures.
- Changes to social media platform APIs that affect Service functionality.
- Hosting provider outages or network connectivity issues beyond our control.
13. Termination
13.1 Termination by You
You may terminate your account at any time through your account settings or by contacting us at support@smplug.online.
13.2 Termination by Us
We may suspend or terminate your account immediately, without prior notice or liability, if:
- You breach any provision of these Terms.
- You engage in fraudulent, abusive, or illegal activity.
- Your use of the Service poses a security risk or may cause liability for us or other users.
- Your account has been inactive for more than 24 consecutive months.
- We are required to do so by law or a lawful government order.
13.3 Effects of Termination
Upon termination of your account, whether by you or by us:
- All scheduled posts will be immediately cancelled and removed.
- All remaining credits are forfeited and are non-refundable.
- Your access to the Service will be revoked immediately.
- Your data will be handled and deleted as described in our Privacy Policy.
- Sections 7 (Content Ownership), 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution) shall survive termination.
14. Changes to Terms
We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. When we make material changes:
- We will update the "Last updated" date at the top of these Terms.
- We will notify you by email or by posting a prominent notice within the Service at least 30 days before the changes take effect.
- If you do not agree to the revised Terms, you must stop using the Service and delete your account before the new Terms take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
15. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data. By using the Service, you consent to the data practices described in the Privacy Policy.
16. Governing Law
These Terms shall be governed by and construed in accordance with applicable law, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of competent jurisdiction, and you consent to the personal jurisdiction and venue of such courts.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
17. Dispute Resolution
17.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@smplug.online and attempt to resolve the dispute informally for at least 30 days.
17.2 Binding Arbitration
If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by a recognized arbitration institution. The arbitration shall be conducted in the English language.
17.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
17.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
18. Third-Party Links and Services
The Service may contain links to third-party websites, services, or integrations that are not owned or controlled by SMPlug. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.
19. Electronic Communications
By creating an account, you consent to receive electronic communications from us, including:
- Account activation and verification emails.
- Credit purchase receipts and transaction confirmations.
- Post status notifications (published, failed, scheduled).
- Service announcements, maintenance notices, and security alerts.
- Changes to these Terms or our Privacy Policy.
These transactional communications are necessary for the operation of the Service and cannot be opted out of while maintaining an active account. We do not send unsolicited marketing emails.
20. Academy Certificate Disclaimer
If you complete courses through the SMPlug Academy, you may receive a certificate of completion. You acknowledge and agree that:
- Academy certificates are issued by SMPlug only and represent completion of our proprietary educational content.
- Academy certificates are NOT accredited degrees, diplomas, or professional certifications. They are not issued by, affiliated with, or recognized by any accredited educational institution, government body, or professional licensing authority.
- Academy certificates do not confer any academic credit, professional qualification, or license to practice any profession.
- The value of Academy certificates for employment or professional purposes is not guaranteed by SMPlug.
- Course content is provided for educational purposes only and may not reflect the most current industry standards or best practices at all times.
21. Facebook Monetization Guidance Disclaimer
If SMPlug provides tools, tips, tutorials, or guidance related to Facebook monetization (including but not limited to In-Stream Ads, Stars, Subscriptions, or Reels bonuses), you acknowledge and agree that:
- SMPlug does not guarantee any monetization results, income, or eligibility for any Facebook or Meta monetization program.
- Monetization eligibility is determined solely by Meta/Facebook based on their own policies, which may change at any time without notice to us.
- Any guidance provided by SMPlug is based on publicly available information and our understanding of Meta's policies at the time of publication. It may not be accurate, complete, or current.
- SMPlug is not responsible for any actions taken by Meta/Facebook regarding your monetization status, including rejection, suspension, or revocation of monetization features.
- You should consult Meta's official documentation and support channels for the most current and authoritative information about monetization programs.
- Any income figures, case studies, or examples shared are for illustrative purposes only and should not be construed as promises or guarantees of similar results.
22. Force Majeure
SMPlug shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government orders, internet service disruptions, power outages, social media platform outages or API changes, hosting provider failures, or labor disputes.
23. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and SMPlug regarding your use of the Service. These Terms supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.
24. Waiver and Severability
The failure of SMPlug to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
25. Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void.
26. Contact Us
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: