User’s Acknowledgment and Acceptance of Terms

Payments
GramGorilla accepts payments via Cash, Wire Transfer, SurePay, Check, PayPal and all major Credit Cards. Your payment should come from PayPal available funds or credit card. Your project will not be released to you or uploaded until full payment is received. Any credit card payment over 3,000.00 will be subject to a 3% processing fee.

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Any further changes modify and replace all former agreements.

Service
GramGorilla will only be used for promotional purposes for your account, pictures, and content on Social Media.
We require your Social Media credentials to run our service because we need access to your Social Media Account API. To run our service we use your Social Media account in connection with other software (such as Buffer) to schedule and target your specific audience to drive traffic to your account. 
The expected amount of followers, likes and comments is not guaranteed to you in any way. It all depends on the quality and interestingness of your content.

Subscription Auto-Renewals 
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, GramGorilla operates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by GramGorilla in writing). Accordingly, where applicable, GramGorilla will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with GramGorilla & Services.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Service(s), GramGorilla will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may at our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your service(s), without further notice.
You agree that upon purchasing our services, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal, Stripe, or your banking institution.
Your re-occurring payment term will automatically recur for the same amount on the same term if you fail to cancel or notify us for cancellation with 30 days notice.

Upon a fraudulent attempt to file a dispute, we receive the right, if necessary, to charge and collect damages based on work completed.

Registration
We may require your Social Media Account usernames and passwords to obtain required information for GramGorilla services.
By subscribing to a specific Social Media monthly term, you must pay for the complete term time before cancelling your subscription. If at any stage you would like to cancel your term please contact support online at https://vitalmedias.com/cancellation-request/ and submit your 30 day notice. All services will be paid pro-rated during your 30 day notice. 
You agree by registering or accepting this agreement that you are at least 13 years of age.

Copyright
You will in no way copy any programming, text or images used on the GramGorilla website without the written consent of a GramGorilla representative.

Social Media
You will only use the GramGorilla website in a manner which follows all agreements made with your Social Media on their Terms of Service page.

Reviews & Public Usage
If asked for a GramGorilla review, we have the rights to utilize reviews publicly on forums, and websites unless specifically asked to remain confidential.

Liabilities
GramGorilla is in no way liable for any account suspension or picture deletion done by any Social Media Company.

Disclaimer
In no event shall GramGorilla or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services offered on GramGorilla’s website, even if GramGorilla or a GramGorilla authorized representative has been notified orally or in writing of the possibility of such damage.

Change of Terms
This Terms of Service is subject to change at any time. Notices of change will be considered given and effective on the date posted on our website. The changes made will become effective the date they are posted on our website. No further notice by GramGorilla is required upon your continued use of our website or software.

Suspending or Delaying Billing
At GramGorilla & Services, we understand that from time to time extreme circumstances can cause payment issues. A charge of 35.00 will be added to any clients account which payment is declined for. In order to avoid this situation, we do offer all clients a 1-time emergency billing delay or suspension that can be used in extreme situations.
Any client may delay or suspend their service at any point by providing 30 days written notice prior to the suspension date. For social media accounts, this must happen before the approval of the current month’s demo reel.
All delayed billing accounts will be charged on a pro-rated basis any days which push back their subscription payments.
If an account is suspended for 30 days or more the account owner will either be charged a 50.00 reinstatement fee or be moved up to the current pricing structure for their service. This decision is entirely at the discretion of the GramGorilla Customer Service Representative.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold GramGorilla harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against GramGorilla & Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GramGorilla against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with GramGorilla & Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from GramGorilla ‘s server.

Arbitration
By using any GramGorilla & Services, you agree to submit to binding arbitration. If any disputes or claims arise against GramGorilla or its subsidiaries, such disputes will be handled by an arbitrator of GramGorilla & Services’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer
GramGorilla shall not be responsible for any damages your business may suffer. GramGorilla makes no warranties of any kind, expressed or implied for services we provide. GramGorilla disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GramGorilla and its employees.

Disclosure to law enforcement
GramGorilla may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Money back Guarantee
On all social media accounts, this applies to content approval only.
GramGorilla gives you an unconditional 30-day money back guarantee on managed social media accounts. The guarantee runs month to month and is no longer valid after a client has approved their services for that month.
GramGorilla offers special guarantees on services like the Instagram Expediter package. If the client chooses an IG Expediter Package that does not include any content provided by GramGorilla than the client accepts responsibility to create consistently engaging content. Failure to do so will void any and all guarantees.

Cancellations and Refunds
GramGorilla reserves the right to cancel the account at any time with notice. Customers who wish to discontinue using any service must provide 30 days written notice to GramGorilla via the Online Cancellation Form. No refunds will be given and services will continue as normal until the end of the 30-day notice.
Clients whose payments are refused, denied, or disputed will be required to pay any and all applicable fees associated with collecting those payments as well as a 35.00 missed payment fee per missed payment.
Customers may cancel at any time via a cancellation form located under the Customer Service Section of the Website.

Refund Policy
Since GramGorilla is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the service is provided. As a customer you are responsible for understanding this upon purchasing any item at our site. 
However, we realize that exceptional circumstance can take place with regard to the character of the product we supply. 
Therefore, we DO honor requests for the refund on the following reasons:

Non-delivery of the service: in some cases the process times are slower, and it may take a little longer for your orders to finish. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to our support department in writing within 7 days from the order placing date. Otherwise the campaign will be considered completed.

Service not-as-described: such issues should be reported to our support department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased service is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.

Changes to the Terms of Services
GramGorilla reserves the right to revise its policies at any time without notice.

Privacy Policy
This policy covers how we use your personal information. We take your privacy seriously and will take all measures to protect your personal information.
Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.

Acceptance
Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. GramGorilla reserves the right to change or update these terms at any time without prior notice.

Non-Disclosure Agreement
All accounts or marketing materials while under construction are the sole property of GramGorilla until approved and released to our clients. Clients are encouraged to give feedback on their current projects. However, as this content is under construction and the quality does not reflect that of a finished product all clients who engage our services, agree to not disclose any details or conversations about their project while it is under construction. This helps to ensure both ours and our client’s reputation. Clients who chose to ignore this non-disclosure clause are voiding their rights to any private or confidential information that would normally be protected under the Terms of Service.

Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.

Confidential Information does not include any information that (i) at the time of disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or ist representatives; (ii) is available to receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating it;s obligations under this Agreement or under federal or state law.

*Lack of Payment at any time will constitute a breach of the Non-Disclosure Agreement.