Last updated: 22 May, 2018
1.1 Company details. ContentStudio is owned by Lumotive AB, a company registered in Stockholm, Sweden and our registered office is at 3rd Floor, Regeringsgatan 65, 111 56, Stockholm, Sweden. We operate the website www.contentstudio.io
1.2 Contacting us. To contact us, send us an email to firstname.lastname@example.org.
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3.1 Purchasing your subscription. Please follow the onscreen prompts to purchase your subscription to our service. You may only subscribe using the method set out on the site. Each order is an offer by you to buy the services offered by our social media management tool (Services) subject to these Terms.
3.2 Accepting your request for subscription. Our acceptance of your order takes place when we send an email to you to accept it (Subscription Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Subscription Confirmation
3.3 If we cannot accept your request for subscription. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your request. If you have already paid for the Services, we will refund you the full amount. We fully reserve our right to not offer the Services to anyone for any reason.
4.1 You may terminate the Contract at any time. If you terminate the Contract before the end of your current paid-up month, your termination will take effect immediately and you will not be charged again.
4.2 To cancel the Contract, you simply have to log in to your account and complete the cancellation form found inside your account dashboard under Settings menu.
4.3 Any request for refunds because of non-use of the Service after the initial 14-day free trial period may be provided by us at our sole discretion and shall incur a reasonable administration charge.
4.4 Where a refund is given by us, any discount provided which is based on the frequency of payments, (eg. quarterly, bi-annual and annual) will not be reflected in the refunded amount.
5.1 Services. We will provide you with social media management tools as more particularly described on our site. Our Services can be accessed by our site, browser extensions, via our API and through our mobile apps
5.2 Third Party Service Providers. The Service may contain features that enable various third party service providers (such as social media services like Facebook, Twitter and LinkedIn) (“Third Party Service Providers”) to be directly integrated into your ContentStudio account. To take advantage of these features, you will be required to register for or log into the Third Party Service Providers on their respective websites. By enabling Third Party Service Providers within the Service, you are allowing us to pass your login information to these Third Party Service Providers for this purpose.
5.3 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.4 Changes to Services. We reserve the right to amend the specification of the Services at any time and we will use reasonable endeavours to notify you in advance of any such event but shall be under no obligation to do so. For the avoidance of doubt such changes to the specification of the Services may arise as a result of Third Party Service Providers withdrawing their consent for our use of the whole or any part of their platforms for the use in the Services. We shall not be liable to you for any losses caused by a change in the specification of the Services howsoever caused.
5.5 Reasonable care and skill. We will provide the Services to you using reasonable care and skill.
5.6 Availability of Site. Whilst we shall do our best to ensure the Service and the Site are always available we cannot guarantee it will be uninterrupted, always available or error free.
6.1 It is your responsibility to ensure that:
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
7.2 The Charges are the prices quoted on our site at the time you submit your order.
7.3 If you wish to change the scope of the Services through the membership portal after we accept your order, and we agree to such change, we will modify the Charges accordingly.
7.4 We take reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.7 for what happens if we discover an error in the price of the Services you ordered.
7.5 We reserve the right to increase the Charges at any time.
7.6 If you are in the Europe then our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
7.7 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
7.8 If we have offered and you are using a discount code then this code may only be used on a single account at any time. Where a discount code is used, this discount will be applied to your current plan and will negate any discount that would have otherwise been applied based on payment frequency.
7.9 Discounts codes are only applicable to your current subscription plan. This includes offers provided when opening a free trial with us. You acknowledge that by upgrading or downgrading your plan, the discount code applied to your previous charges will no longer be valid.
7.10 We reserve the right to reduce or stop discount codes as we see fit at any time
7.11 Certain add-ons which incur setup costs are not available on the 14-day free trial.These include but are not limited to Rebranded Apps and Email and SMS credits.
7.12 For any upgrade or downgrade of your subscription plan, the credit/debit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades, a pro-rata charge will be applied based on the difference in price between your current plan and the plan you upgrade to and the amount of time remaining until your next billing date.
8.1 Subject to clause 7.11 above payment for the Services is in advance however you will get your first thirty days for free. If you do not terminate the Contract prior to this thirty day period we will take your first payment on the thirtieth day and will take subsequent payments monthly thereafter.
8.2 You can only pay for the Services using a debit card or credit card unless we agree otherwise with you in writing.
8.3 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.3 will accrue each day at 4% a year above the Bank’s base rate from time to time.
8.4 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law and agreed with us).
If a problem arises or you are dissatisfied with the Services please let us know at email@example.com.
10.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
11. How we may use your personal information
11.1 We will use any personal information you provide to us to:
12.1 Nothing in the Contract limits or excludes our liability for:
12.2 Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.3 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
12.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.5 This clause 12 will survive termination of the Contract.
13.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.
13.2 We each may disclose the other's confidential information:
14.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
14.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control). For the avoidance of doubt an Event Outside Our Control includes but is not limited to interruptions in service or events on third-party sites, including but not limited to, Facebook, Twitter, LinkedIn that may affect us and your use of the Service.
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
15.3 You may cancel the Contract affected by an Event Outside Our Control. Third party contracts outside our control which remove the service.
16.1 When we refer to "in writing" in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 Assignment and transfer.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorized representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. The Contract is governed by Swedish law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Swedish courts.
www.contentstudio.io is a site operated by Lumotive AB ("We"). We are registered in Stockholm, Sweden and have our registered office at 3rd Floor, Regeringsgatan 65, 111 56, Stockholm, Sweden which is also our main trading address.
We are a company which provides content management and social media management tools, software and platforms.
If you do not agree to these terms, you must not use our site.
If you purchase subscription services from our site, our Terms and conditions of supply will apply to your subscriptions.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities and we will try to give you reasonable notice of any major changes though be under no obligation to do so.
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on email@example.com.
Our responsibility for loss or damage suffered by you
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a royalty free license to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
When you upload or post content to our site, you grant us the non-exclusive worldwide royalty free right to use that content.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
You are not permitted to use any of our intellectual property without our written approval.
This acceptable use policy sets out the terms between you and us under which you may access our website www.contentstudio.io (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
www.contentstudio.io is a site operated by Lumotive AB (we or us).
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We will determine, in our sole discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.