Terms of Service

Last Updated: October 31, 2023.You can visit our Privacy Policy here: https://incuroprivacypolicy.carrd.co/Welcome to Incuro! We are glad you are here. This Terms of Service Agreement (this “Agreement”) outlines the terms and conditions under which you (the “Client”, or “you”, or “your”) have engaged Incuro LLC (“Incuro,” “we,” or “us”) to provide specific services as further defined herein. This is a legally binding agreement between you and Incuro. This Agreement governs your access to, and use of, Incuro’s website (the “Site”) and the online and offline services which Incuro agrees to provide to you in connection with the Site (the “Services”). By becoming an Incuro Client, you agree to abide by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement will be the date on which you submit your order for Services to Incuro.
Certain sections of this Agreement apply specifically to features and functionality offered by Incuro. Those sections do not apply to you unless you sign up for the specific Service to which they relate.You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdictions. To register as a user of the Services, you must be at least 18 years of age. In the event that you are agreeing to the terms of this Agreement on behalf of a third-party entity, you represent and warrant that you have sufficient right to bind such a third party to this Agreement, in which case, all references to “you” in this Agreement shall be references to such third party. You hereby acknowledge that Incuro uses Artificial Intelligence services and databases in connection with the Services provided under this Agreement.BY CLICKING “I AGREE,” OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.In the case of inconsistencies between this Agreement and information included in any other materials related to the Site or the Services (e.g., promotional materials), this Agreement will govern and control.1. Collaboration & Communication.1.1 Services. Incuro will provide Services and related Deliverables (as defined below) to Client as detailed on the Incuro website (www.joinincuro.com) and as further agreed to by Client through the account setup process. The terms set forth in this Agreement represent the total and complete understanding of the parties hereto. Any other oral understanding or other prior understandings shall have no force or effect, including any agreements, instructions, or claims made by Incuro’s employees or authorized contractors, unless a formal amendment is confirmed and agreed upon by the Client and executive-level management at Incuro, in writing. This Agreement is intended to be comprehensive as an integrated agreement containing all the understandings and contractual obligations of the parties. It is your responsibility to thoroughly read these terms to fully understand what you are agreeing to.1.2 Service Delivery. We strive to deliver the highest quality Services in a timely manner. Each client works with an Incuro Account Manager as their point of contact and support. A successful partnership relies on timely, honest, and detailed feedback. Incuro uses reasonable efforts to ensure that the online features & offline services of the Service is at minimum, available 24 hours a day, 5 days a week.1.3 Social Media Account Issues. Given the nature of working with third-party social media platforms, we cannot control issues such as connection errors, disconnections, or password changes. However, we will do our best to resolve errors within our control. Please contact the support of each platform for issues outside of our control.1.4 Scheduling & Posting. You acknowledge that Incuro cannot schedule and post approved content until at least one platform has been connected to our scheduling platform. If we are unable to connect your social media accounts successfully, due to login accessibility issues outside the control of Incuro, a refund will not be issued, as certain Services and Deliverables have already been created for you.
If connection issues cannot be resolved, you can download the posts and manually post them on your own. Incuro's posting and scheduling is a free, value-add service, meaning no prorated refunds will be offered for issues related to this. We will, however, do our best to resolve any technical issues.1.5 Client Delays After Signup. Our Services begins as soon as you have signed up and completed your account setup process. If you do not complete the Onboarding Questionnaire, it does not warrant a refund.1.6 Lack of Feedback or Approval. Once we send you the work product as derived from the Services (the “Deliverables”), we expect, and would greatly appreciate, your timely approval or feedback. Unfortunately, if your approval or feedback is delayed, for whatever reason, causing time-sensitive Deliverables to become outdated (as applicable), we will not replace those Deliverables with new ones. If we do not receive approval or feedback by the time your next Service Fee (as defined below) is due, we will start creating the next month of Deliverables, so that we maintain our commitment to provide the Services that you paid for. It is mutually understood, that so long as we have created and delivered the Deliverables to you, we are fulfilling our Service as described.1.7 Feedback on Deliverables. Services will continue even if the Client does not respond to or approve the Deliverables. If the Client fails to approve content for any period, they can resume the approval process whenever they are ready. Clients are permitted one round of suggested revisions and edits to the Deliverables each week during the Monthly Billing Cycle (as defined below).1.8 Respectful Communication. We understand that everyone has a bad day from time to time; however, we will not tolerate behavior that is seen as disrespectful, harmful or inhumane. We expect that communications between Incuro and Client be professional and respectful. We reserve the right to suspend or terminate your access to and use of the Site and Services, at any time, without notice, for any reason. No refunds will be made in this case.1.9 Best Practices. If you change your social media password, please inform us immediately. Please monitor your accounts to ensure the Deliverables are being published successfully and provide us with clear direction and feedback and communicate with us as you would with any in-house team member.Social media management is a highly tailored service; preferences can vary widely from one client to another. The worst thing you can do after we provide Deliverables is to remain silent for weeks without providing any feedback and then suddenly tell us you want to cancel because you are not satisfied. We have a talented team capable of creating any type of content for you.If you are not satisfied, it is likely due to unclear communications of your specific wants and needs. We are happy to make the necessary revisions based on your detailed feedback. By maintaining open and consistent communication, we can collaborate to provide Services and Deliverables that meet your expectations and enhances your social media presence.2. Incuro’s Obligations2.1 Policies and Procedures. Incuro will provide Services to the Client following Incuro's standard policies and procedures. Incuro retains the right to decline any person or potential client for any reason, at Incuro’s sole discretion. Incuro will manage all aspects of providing the Services. All of Incuro’s rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other service aspects will apply, and Incuro may modify its rules, policies, Services, and operating procedures at its sole discretion, at any time. This includes pricing, package inclusions, service functionality, and more.3. Services, Fees, and Payment.3.1 Service Fees. All fees for Services rendered to the Client are due in full and payable in advance (the “Service Fees”). You agree to pay all charges, at the time such payment is due and payable. You hereby authorize Incuro to charge your Payment Source (as defined below). You must provide Incuro through our verified third-party, Stripe, with a valid credit card or other payment method we make available (“Payment Source”). If any Payment Source information is false or fraudulent, Incuro reserves the right to terminate your use of the Services and your access to the Site in addition to seeking any other legal remedies. Your payment provider agreement governs your use of the designated Payment Source, and you must refer to that agreement and not to this Agreement to determine your rights and liabilities. Incuro is not responsible for any misuse or fraudulent activity that occurs, or has occurred, on or to the Payment Source. Incuro is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges of the Service Fees billed by Incuro.3.2 Monthly Service. Initial Service Fees must be paid in advance. Incuro will charge the Client’s Payment Source on the monthly anniversary of the client's initial order of Services (the “Monthly Billing Cycle”), and every month thereafter, unless otherwise canceled or modified, as described herein. Incuro allows for specific Services to be billed and discounted if paid in advance (i.e., a yearly subscription, 6-month subscription, etc.), however; all references and limitations regarding the Monthly Billing Cycle shall control unless otherwise noted (i.e., the limitation with respect to one round of suggested revisions and edits to the Deliverables each week during the Monthly Billing Cycle). Any charges not paid by the due date will lead to a suspension of Services until full payment is secured. Suspension of Services due to non-payment does not warrant a proration of the Service Fees.3.3 Refunds. Except in cases where Incuro materially breaches this Agreement, Incuro does not issue refunds of any Service Fees beyond the 14-day money-back guarantee, which applies only to your initial order with Incuro. Service Fees payable to Incuro are not contingent on any form or guarantee of marketing results. The Client is paying for time and Services performed. Incuro offers credits for any substantiated errors made or otherwise performed by us.3.4 Cancellation Policy. To cancel the Services, please provide written notice of cancellation to [email protected]. Cancellation of the Services requires at least seven (7) days’ written notice prior to the start of the Monthly Billing cycle. Such cancellation notice should contain the Client’s name, business name (if applicable), and contact information.We do not issue prorated refunds for cancellations made early in a billing period, but we will complete the remaining month(s) if requested (this includes multi-month plans where the Client received a discount as related to the Service Fees; however, we will require the discounted price to be voided and the difference paid before the continuation of service).3.5 Overdue Service Fees. Services performed for a Client, who has not provided cancellation notice and who’s Service Fees are overdue, must pay the outstanding Services Fees, in full, to Incuro. Incuro is committed to maintaining precise records of all communication and Services performed to justify the outstanding Service Fees due. Your outstanding Service Fees will then be forwarded to a debt collection agency, and reported to all applicable credit reference agencies.3.6 Service Effective Date. Our Services begin and become effective as soon as you have signed up and completed your account setup process. For the sake of clarity, the Services do not begin once we provide the Deliverables or subsequently post such Deliverables. We do not charge a setup fee for this reason. This setup work and onboarding fee are included in the Service Fee. If onboarding extends beyond ten (10) business days due to a material delay by Incuro, we will adjust your billing date to ensure you receive a full month of Service once you are onboarded.3.7 Client Pictures and Information. You agree to grant Incuro an non-exclusive, royalty free license to use any pictures, company logos, or images (collectively, the “Client Images”) that you provide to Incuro as part of the Services. Such license of the Client Images shall survive the termination of the contractual arrangement between the Client and Incuro. By using the Services, you give permission to Incuro to use the Deliverables and such Client Images, as part of examples or other advertisement materials for Incuro’s Services. Please notify us in writing if you prefer we not use your Client Images in our advertising efforts.3.8 Posting to Multiple Platforms and Missed Posts. In the scenario that your social media accounts get disconnected from our posting software, you will be notified to reconnect your profiles, or provide certain accessibility information to Incuro. If you fail to reconnect your profiles or provide such information to access your social media accounts, Incuro will not be held liable or issue any credit or partial refunds. However, we will reschedule the posts as soon as you reconnect your profiles. We advise the Client to check their social media accounts twice a week, not just to review content and provide feedback, but also to alert us of any possible disconnects so we can promptly reconnect. For this reason, if Incuro is creating Deliverables and providing the Deliverables to the Client for review in any format, then it is mutually understood that Incuro is thereby fulfilling their contractual obligations as set forth in this Agreement.3.9 Regular Reviews. You agree to consistently review your social media accounts, dedicating approximately 10 minutes every other week to ensure the Deliverables and the social media posts meet your expectations and no platforms are missing posts. Incuro is not responsible for missed posts on any platforms due to uncontrollable disconnects like changed passwords or security lockouts, or for editing/removing content that has been posted over two weeks ago or longer.3.10 Blog Posts and Newsletters. After the completion of the first draft, a maximum of two revisions are allowed, after which the delivered product will be deemed final. All blog articles are considered final and approved after twenty-one (21) days of receiving no feedback. After this period, you agree that no further revisions will be made.3.11 Less Tech-Savvy Clients. We understand that not all of our Clients may be familiar with technology, various software, or even the workings of social media. Incuro invests a considerable amount of time in onboarding your account to ensure the delivery of our Service. This includes time spent explaining the process, exchanging emails, and participating in phone calls. This all counts as time spent serving your account. Please note, if you choose to cancel after the 14-day money-back guarantee period, no refunds will be provided. However, you are welcome to continue using our services until the end of the paid month. Your decision to cancel due to frustration does not discount the time and work we have already invested in your account.3.12 Business Structure and Client Phone Communication. As an online subscription-based social media service rather than a full-service marketing agency, our customer service is focused on inbound communication. This means you have the responsibility of regularly checking your social media pages and providing feedback, if necessary. As a budget-friendly social media management company, our major expenses lie in customer support. We provide a free consultation call with your Account Manager. This gives you the chance to understand more about our Service, and for us to understand your business. Our customer support team is ready to assist you via live chat, email, or a scheduled call.

4. Disclaimers.4.1 Refund Policy. Once the payment has been made and the 14-day money-back guarantee period has lapsed, no refunds will be issued. As outlined throughout these terms and conditions, due to the nature of operating on third-party platforms, instances of disconnection, delayed review of the Deliverables by the Client, and our operation as a monthly subscription service (rather than a full-service agency), we offer absolutely no refunds.4.2 Disclaimer. INCURO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY SUPPORT, MATERIALS, OR DELIVERABLES, PROVIDED TO THE CLIENT. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, CONSISTENCY OF PERFORMANCE OR DEALING, TRADE PRACTICE, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.4.3 Non-profit Qualifications. Incuro does not assume any responsibility for confirming the non-profit, 501(c)(3), or tax-exempt status of any organization, or for providing any information regarding an organization's compliance with the Internal Revenue Service (“IRS”) regulations. If you have any questions about the non-profit or tax-exempt status of any organization, or about your compliance with IRS regulations, you should consult with a qualified legal or tax advisor.4.4 Search Engine Optimization Services. Incuro provides search engine optimization (“SEO”) services on a best-effort basis. We make no warranties of any kind, express or implied, regarding the results of our SEO services. We do not guarantee that our SEO services will result in any specific ranking in search engine results pages (“SERP”), increased traffic to your website, or increased sales or leads. We also do not guarantee that our SEO services will be successful in improving your website's visibility or organic search traffic from any given search engine. We are not liable for any claims, losses, damages, or expenses that may arise in connection with your use of our SEO services. This includes, but is not limited to, any losses in revenue, profits, or traffic, or any damage to your reputation or business goodwill. You agree to hold Incuro harmless from and against any and all liability for any claims, losses, damages, or expenses that may arise in connection with your use of our SEO services.4.5 Disclaimer of Liability for Social Media Account Fraud or Misuse. By providing your social media account username and password to Incuro, you agree to the following terms and conditions, including, without limitation: (i) you are responsible for all activity that occurs on your social media account, including any fraudulent or malicious activity; (ii) Incuro is not liable for any damages, or account suspensions, that may occur as a result of fraud or misuse of your social media account including but not limited to financial losses, reputational damage, identity theft or any violation or apparent violation of the terms and conditions of either (x) a third-party service provider or (y) a social media platform; and (iii) Incuro reserves the right to terminate your account at any time, for any reason, including if it suspects that your account has been compromised or is being used for fraudulent or malicious purposes.If you do not agree to these terms and conditions, please do not provide your social media account username and password to Incuro.5. Indemnification.5.1 Indemnify. The Client agrees to indemnify and hold harmless, to the fullest extent permitted by law, Incuro, and its clients, vendors, partners, suppliers, directors, officers, agents, consultants, and employees from and against any and all losses, costs, damages, liabilities, and expenses (including reasonable attorneys` fees, and court administrative fees, collectively, the “Claims”) resulting from or connected to, without limitation (i) any violation of the terms of this Agreement by the Client, (ii) your access to or use of the Services or the Site, (iii) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right, (iv) any Claims that the Client’s use of the Services or Site caused damage to a third-party, and (v) any Claims that the Service impeded or in any way affect the marketability or financial standing of the Client.5.2 Social Media Account Suspensions, Access Loss, or Deletion. The Client agrees to indemnify and hold harmless Incuro, its customers, suppliers, directors, officers, agents, consultants, and employees from and against any and all Claims related to issues such as social media account suspensions, copyright disputes, unintentional loss of access, account deletion, or any other issues concerning third-party platforms.5.3 Media Database. Incuro uses only images provided by the Client or selected from several databases offering royalty-free images for marketing purposes when creating graphics for posts. We pay for many of these services. Nevertheless, the Client will indemnify and hold harmless Incuro and its customers, suppliers, directors, officers, agents, consultants, and employees from and against any and all Claims arising out of or relating to any issues with content posted on a Client's social media account that result in any claims of copyright infringement. The Client agrees to assume full responsibility for the content posted on their respective accounts.6. Limitation of Liability.6.1 INCURO SHALL NOT BE LIABLE TO THE CLIENT OR ANY ENTITY OR PERSON CLAIMING THROUGH OR UNDER THE CLIENT FOR ANY LOSS OF PROFIT OR INCOME OR OTHER INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, WHETHER IN AN ACTION FOR CONTRACT OR TORT, IN CONNECTION WITH THIS AGREEMENT, EVEN IF INCURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INCURO’S LIABILITY TO THE CLIENT HEREUNDER EXCEED THE AMOUNT PAID TO INCURO BY THE CLIENT FOR THE PREVIOUS ONE (1) MONTH OF SERVICES. THIS LIMIT IS CUMULATIVE AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THE LIMIT. THE CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND IN THEIR ABSENCE, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.7. Miscellaneous.7.1 Modifications. Incuro may modify or amend this Agreement at any time. Such modifications become effective immediately upon the first to occur of: (i) your first access to or use of the Site or Services after the “Last Updated” date at the top of this Agreement; (b) the first renewal of your Services following delivery of notice of the change to your email address on file with Incuro. Your continued access to or use of the Site or Services, or the renewal of your Services, after the modifications have become effective will be deemed your conclusive acceptance of this Agreement. If you do not agree with the modifications, do not access or use the Site or Services.7.2 No Resale of Services. Except as expressly permitted in this Agreement, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or use of the Services.7.3 Breach of this Agreement. Incuro reserves the right to pursue all rights and remedies whether through law or equity to enforce the terms of this Agreement as a result of, or in connection with, a breach by Client of the terms as set forth in this Agreement.7.4 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Incuro as a result of this Agreement or use of the Site or the Services.7.5 Assignment. This Agreement shall bind upon and benefit the parties' successors and permitted assigns; however, the Client may not assign this Agreement, in whole or in part, without Incuro’s prior written consent and any assignment by the Client without such consent shall be null and void.7.6 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Agreement and or your use of the Services resides in the courts located in Maricopa County, Arizona, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. CLIENT HEREBY WAIVES CLIENT’S RIGHTS TO TRIAL BY JURY.7.7 Notice. You agree that we may provide notices to you in the following ways: (1) a notice within the Site or Services, as applicable, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date7.8 Waiver. The failure of Incuro to enforce any right or provision in this Agreement will not, in any way, constitute a waiver of such right or provision unless acknowledged and agreed to by Incuro in writing. Incuro reserves all right, through equity and law, to enforce the terms of this Agreement.7.9 Construction. The headings of the sections contained herein are for convenience and are not to be used in interpretation.7.10 Disclosure of Information. Incuro reserves the right, at all times, to disclose any information that Incuro deems necessary to comply with any applicable law, regulation, legal process or governmental request.