Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") govern your use of our website and any related products, services, or applications (collectively, the "Services"), offered under the brand name Exaghost ("Exaghost," "we," "us," or "our"). Exaghost is owned and operated by Exaghost LLC, a limited liability company registered in the State of Delaware, United States.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing our website and services.

These Terms apply to all users, visitors, and customers of the Services.

2. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age (or the legal age of majority in your jurisdiction).
• You have the full legal capacity to enter into a binding contract.
• You are not located in a country that is subject to a U.S. government embargo or that has been designated as a "terrorist supporting" country.
• You are not listed on any U.S. government list of prohibited or restricted parties.
• You will provide accurate, current, and complete information when using our Services.

3. Use License

Permission is granted to temporarily access and use the materials on Exaghost's website for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title. Under this license, you may not:

• Modify, copy, or reproduce the materials for any purpose.
• Use the materials for any commercial purpose without our express written consent.
• Attempt to decompile, reverse engineer, or disassemble any software contained on our website.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
• Transfer, sublicense, or "mirror" the materials on any other server.
• Use our Services to build a competing product or service.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Exaghost at any time, with or without notice.

4. Prohibited Uses

You agree NOT to use our Services for any unlawful, fraudulent, or prohibited purpose, including but not limited to:

• Illegal Activities: Violating any applicable federal, state, local, or international law or regulation.
• Fraud: Engaging in any fraudulent activity, including identity theft or payment fraud.
• Harm to Minors: Exploiting, harming, or attempting to harm minors in any way.
• Spam: Transmitting any unsolicited or unauthorized advertising, promotional materials, or spam.
• Impersonation: Impersonating Exaghost, its employees, other users, or any other person or entity.
• Interference: Interfering with or disrupting the integrity or performance of our Services.
• Automated Access: Using any robot, spider, crawler, scraper, or other automatic device to access our Services.
• Malicious Code: Uploading or transmitting viruses, worms, Trojan horses, or any other malicious code.
• Testing Security: Attempting to probe, scan, or test the vulnerability of our systems or networks.

5. User Content

Our Services may allow you to post, link, store, share, or otherwise make available certain information, text, graphics, or other material ("User Content"). You are solely responsible for the User Content that you provide.

5.1 Ownership

You retain all ownership rights to your User Content. However, by posting User Content, you grant Exaghost a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and display such content in connection with providing and improving our Services.

5.2 Representations

You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to publish the User Content you submit, and that such content does not infringe upon any third-party intellectual property rights.

6. Payments & Billing

6.1 Payment Processing

All payments made through our Services are processed securely via third-party payment processors, including Stripe and PayPal. By making a purchase, you agree to pay all charges at the prices then in effect for your purchase, including any applicable taxes or fees.

6.2 Authorization

You authorize Exaghost and its payment processors to charge your selected payment method for the total amount of your purchase. If your payment method is declined, you remain responsible for any unpaid amounts.

6.3 Pricing

All prices are listed in United States Dollars (USD) unless otherwise indicated. We reserve the right to change our prices at any time without prior notice. Price changes will not affect orders already placed and paid for.

6.4 Taxes

You are responsible for all applicable taxes associated with your purchase. If we are required to collect taxes, they will be added to your order total.

7. Refund & Cancellation Policy

7.1 Digital Services Nature

Due to the digital and intangible nature of our services (social media followers, likes, views, and comments), all sales are final. Once an order has been processed and delivery has begun, no refunds or cancellations will be issued.

7.2 Refund Exceptions

Refunds may only be considered in the following circumstances, determined at our sole discretion:

• Non-Delivery: If we are completely unable to deliver the purchased service within 7 days of your order, you may request a full refund.
• Partial Delivery: If we deliver significantly less than the quantity ordered (e.g., 50% or less) and cannot complete the delivery, you may receive a pro-rated refund.
• Technical Error: If you were charged multiple times due to a system error, we will refund any duplicate charges.

7.3 No Refund Situations

Refunds will NOT be issued for:

• Services that have already been delivered
• Customer dissatisfaction with delivery speed (unless beyond our maximum estimated timeframe)
• Social media platform algorithm changes that affect visibility
• Account suspension, deletion, or restriction by the social media platform
• Customer providing incorrect username or information
• Services lost due to customer changing username or account privacy settings
• Drop in followers/likes due to platform "purges" or automated removals
• Change of mind or accidental purchase

7.4 How to Request a Refund

To request a refund, please contact us at support@exaghost.com within 7 days of your purchase with:

• Your order number
• The email address used for the purchase
• A clear explanation of the issue
• Screenshots showing the problem (if applicable)

We will respond to your refund request within 5-7 business days. Approved refunds will be credited to your original payment method within 5-10 business days.

8. Delivery Policy

8.1 Estimated Delivery Times

Exaghost strives to deliver all purchased services as quickly as possible. The following are estimated delivery times, which may vary based on demand, platform conditions, and technical factors:

• Instagram Followers: 10-30 minutes (estimated)
• Instagram Likes: 5-15 minutes (estimated)
• Instagram Views: 5-20 minutes (estimated)
• TikTok Followers: 15-45 minutes (estimated)
• TikTok Likes: 5-20 minutes (estimated)
• TikTok Views: 10-30 minutes (estimated)
• YouTube Views: 30-60 minutes (estimated)

8.2 Delivery Guarantee

We guarantee that we will make our best efforts to deliver the full quantity ordered. However, due to factors beyond our control (including social media platform changes, "purges," and algorithmic adjustments), we cannot guarantee that all delivered followers or engagement will remain permanently.

8.3 Refill Policy

If you experience a significant drop in delivered engagement within 30 days of delivery, we offer a one-time free refill. Refill requests must be submitted via email with proof of the drop (screenshots). Refills are not guaranteed and are provided at our discretion.

9. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Exaghost expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will meet your requirements or expectations
• Warranties that the Services will be uninterrupted, timely, secure, or error-free
• Warranties that results obtained from using the Services will be accurate or reliable
• Warranties that any errors or defects will be corrected

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXAGHOST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• Your use or inability to use our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content
• Social media platform account suspension, deletion, or restriction

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO EXAGHOST IN THE PAST 6 MONTHS.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Exaghost LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of our Services
• Your violation of any provision of these Terms
• Your violation of any applicable law or third-party rights
• Your User Content
• Any unauthorized use of your account by any third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

We use SSL/TLS encryption to protect your data during transmission. We never share your personal information with third parties for their marketing purposes without your explicit consent.

For more information, please review our full Privacy Policy.

13. Third-Party Platforms

Our Services involve interactions with third-party platforms, including but not limited to Instagram, TikTok, YouTube, and Facebook. You acknowledge and agree that:

• Exaghost is not responsible for the terms of service, privacy policies, or practices of these third-party platforms.
• Your use of third-party platforms is subject to their respective terms of service.
• We do not control, endorse, or guarantee the availability of any third-party platform.
• Social media platforms may change their algorithms, policies, or terms at any time, which may affect our Services.
• We are not liable for any account suspension, deletion, shadowban, or restriction imposed by any third-party platform.

14. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of any provision of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of any fees owed
• Request by law enforcement or government agency
• Unexpected technical or security issues

Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination (including but not limited to: ownership provisions, warranty disclaimers, indemnity, and limitations of liability) shall survive.

You may terminate your account at any time by contacting our support team. However, no refunds will be issued for any remaining service balance.

15. Modifications to Terms

Exaghost reserves the right to modify or replace these Terms at any time, at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (via email or website notice).

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our Services.

The "Last Updated" date at the top of these Terms indicates when changes were last made.

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved through the following process:

Step 1 - Informal Resolution: You agree to first contact us at legal@exaghost.com to attempt to resolve any dispute informally. We will make a good faith effort to resolve the dispute within 30 days.

Step 2 - Binding Arbitration: If the dispute cannot be resolved informally, you agree that any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and shall be conducted in English.

Step 3 - No Class Actions: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.

16.3 Venue for Legal Proceedings

Any legal proceedings not subject to arbitration shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall otherwise remain in full force and effect and enforceable.

18. Force Majeure

Exaghost shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authority, fire, floods, accidents, pandemics, epidemics, strikes or labor disputes, shortages of transportation facilities, fuel, energy, labor, or materials, social media platform changes or outages, internet service provider failures, or government actions.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Exaghost regarding your use of our Services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, regarding such subject matter.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Exaghost's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms, please contact us:

• 📧 Legal Inquiries: legal@exaghost.com
• 📧 Support: support@exaghost.com
• 📞 Phone: +1 (302) 123-4567
• 📍 Physical Address (USA): Exaghost LLC, 1209 Orange Street, Wilmington, New Castle County, DE 19801, United States