Effective Date: 07/24/2025
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1. Binding Legal Agreement
This document constitutes a legally binding agreement between you (the “Client,” “User”) and Kimbal Media (“Kimbal Social,” “we,” “our company”), a company registered in California, USA.
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS IN FULL. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.
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2. Disclaimer of Guarantees
Kimbal Social does not guarantee or ensure:
– Specific results (followers, likes, views, engagement, monetization, growth, account verification, etc.)
– Permanence of obtained metrics
– Approval or compliance with social media platform policies
– Constant availability of the service or its tools
ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY KIND OF EXPRESS OR IMPLIED WARRANTY.
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3. Assumption of Risk by the Client
The Client expressly agrees that the use of our services is under their sole and exclusive responsibility. The Client understands that:
– Social media platforms may change algorithms or policies without prior notice
– The use of automation, marketing, promotion, or growth services may lead to account suspension, shadowban, or deletion
– Kimbal Social is not responsible for actions taken by third parties (platforms, followers, users, bots, etc.)
The Client assumes all risks associated with the use of the contracted services.
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4. Maximum Liability Limitation
UNDER NO CIRCUMSTANCES shall Kimbal Social, nor its directors, employees, agents, or suppliers be liable for:
– Direct, indirect, special, punitive, incidental, or consequential damages
– Loss of data, reputation, profits, business, or use
– Account suspensions or penalties imposed by social platforms
THE TOTAL LIABILITY OF KIMBAL SOCIAL IS LIMITED TO THE EXACT AMOUNT PAID BY THE CLIENT FOR THE CONTRACTED SERVICE.
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5. Mandatory Indemnification
The Client agrees to indemnify, defend, and hold Kimbal Social harmless from any claim, damage, demand, loss, cost, liability, and expense (including reasonable legal fees) arising from:
– The Client’s use of our services
– Any violation of these Terms
– Any breach of applicable laws
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6. Refund Policy – NON-REFUNDABLE
Since services are personalized, digital, and start immediately upon payment:
– NO REFUNDS are accepted under any circumstances once the process has started
– Chargebacks are not accepted. Attempting one constitutes fraud and will be legally pursued
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7. Exclusive Jurisdiction and Applicable Law
This agreement shall be governed and construed exclusively under the laws of the State of California, USA, without regard to conflict of law principles.
Any legal dispute shall be resolved exclusively in state or federal courts located in Orange County, California. The Client expressly waives any other jurisdiction.
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8. Binding Arbitration
Any dispute or claim related to this agreement or our services shall be resolved through confidential and binding arbitration, in accordance with the rules of the American Arbitration Association (AAA).
– Participation in class actions or collective arbitrations is not permitted
– Each party shall bear its own legal costs
– The arbitrator’s decision shall be final and enforceable
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9. Waiver of Class Actions
You expressly waive any right to file or participate in class actions, representative actions, or joint legal proceedings against Kimbal Social.
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10. Assignment of Rights
Kimbal Social may assign this agreement or its services to any third party without prior notice. The Client may not assign their rights without written approval.
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11. Severability
If any clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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12. Legal Contact
For legal questions or notifications
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13. Confidentiality Clause
Both Kimbal Social and the Client agree to maintain strict confidentiality over all non-public, sensitive, strategic, or commercial information exchanged during the provision of services (“Confidential Information”). This includes, but is not limited to:
– Login credentials or access data to the Client’s social media accounts or platforms
– Marketing strategies, data analysis, automation or campaign details
– Financial or payment information
– Details about the Client’s products, audiences, or end customers
– Internal tools or systems belonging to Kimbal Social
a. Obligations
Both parties agree not to disclose, share, sell, or transfer such Confidential Information to third parties without prior written consent, except:
– When required by a court order or legal obligation
– To employees, subcontractors, or service providers who need access to such information to carry out the services, provided they are also bound by confidentiality agreements
b. Duration
This confidentiality obligation will remain in effect throughout the entire business relationship and for a period of five (5) years after the termination of the contract or the last service provided, whichever is later.
c. Exclusions
Information will not be considered confidential if:
– It becomes public through no fault of the receiving party
– It was developed independently without the use of shared information
– It was already lawfully in possession of the receiving party before disclosure
d. Enforcement
Any violation of this clause shall be considered a serious breach of the agreement, and the affected party may take legal action to seek damages, injunctive relief, or appropriate compensation.
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14. Non-Disparagement Clause
The Client agrees that, as a condition of using Kimbal Social’s services, they shall refrain from making, publishing, or promoting any statement, comment, or content, whether oral, written, printed, or electronic, that discredits, damages the reputation of, defames, or disparages Kimbal Social, its staff, services, partners, or brand. This includes but is not limited to:
– Social media platforms, forums, or review sites (e.g., Yelp, Google Reviews, Trustpilot, etc.)
– Public or private messages shared via digital or print media
– Communications to third parties that may affect the reputation of Kimbal Social
a. Feedback and Opinions
The Client acknowledges that concerns or disagreements may be shared directly through Kimbal Social’s official communication channels but expressly waives the right to do so publicly with malicious or destructive intent.
b. Consequences
Any violation of this clause may result in:
– Immediate termination of the service without refund
– Legal action for reputational damages
– Immediate takedown requests for any published content
This clause shall remain in full force indefinitely, even after the termination of the service or contractual relationship between the Client and Kimbal Social.