TERMS OF SERVICE SOCIAL BOOST ASIA

Effective Date: 28/03/2025

IMPORTANT – PLEASE READ CAREFULLY: This Terms of Service Agreement ("Agreement" or "Terms") is a legally binding contract between you (an individual or a single legal entity you represent, hereinafter referred to as "You" or "User") and Social Boost Asia (hereinafter referred to as "We", "Us", "Social Boost Asia") regarding your access to and use of the socialboost.asia website ("Website") and all related services, software, and features provided by Us (collectively, the "Services").

BY ACCESSING, REGISTERING AN ACCOUNT, OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND IRREVOCABLY AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AS WELL AS OUR PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.

1. Definitions

• 1.1. "Social Media Platform": Third-party websites and applications that our Services interact with, including but not limited to Facebook, Instagram, TikTok, Twitter, YouTube, Shopee, Lazada, Telegram, Threads.
• 1.2. "User Content": Any information, data, text, images, videos, links, or other materials that You provide, upload, or link to when using the Services (e.g., post URLs, usernames).
• 1.3. "Account": The unique account created for You to access and use the Services upon completing the registration process.
• 1.4. "Interactions": Actions such as likes, follows, comments, shares, views, members, ratings, etc., generated or promoted through the Services.

2. Service Description and Scope

• 2.1. Social Boost Asia provides an online platform allowing Users to order service packages aimed at enhancing presence and Interactions on various Social Media Platforms. Specific services and supported platforms are detailed on the Website and may change over time.
• 2.2. We operate as an intermediary service provider, utilizing methods and resources (which may include automated systems, partner networks, or real users) to fulfill Interaction orders requested by You.
• 2.3. Right to Modify Services: We reserve the right to modify, update, suspend, or terminate any part or all of the Services (including pricing, features, supported platforms) at any time, with or without prior notice, at our sole discretion. We shall not be liable to You or any third party for exercising this right.

3. Account Registration and Security

• 3.1. Registration Requirements: You must be of legal age according to Vietnamese law to enter into a binding contract and not be prohibited from using the Services under applicable law.
• 3.2. Accurate Information: You commit to providing registration information (name, email, phone number, etc.) accurately, completely, and keeping it up to date. Providing false information may result in the suspension or termination of your Account.
• 3.3. Account Security: You are fully responsible for maintaining the confidentiality of your password and Account login information. All activities occurring under your Account are deemed to be performed by You.
• 3.4. Violation Notification: You must strictly notify Social Boost Asia immediately of any unauthorized use of your Account or any other security breach known to You.
• 3.5. One Account Per Person: Unless explicitly permitted by Us in writing, each individual/entity is only allowed to maintain one active Account. Creating multiple accounts may result in the termination of all related accounts.

4. Usage Regulations and Prohibited Content (VERY IMPORTANT)

• 4.1. Compliance with Laws and Platform Rules: You agree to use the Services in compliance with all applicable laws and regulations of Vietnam and international laws, as well as the terms of service and community standards of the relevant Social Media Platforms.
• 4.2. Lawful Purpose: The Services shall only be used for lawful purposes and consistent with social ethical standards.
• 4.3. ABSOLUTELY PROHIBITED CONTENT AND BEHAVIOR: You are not allowed to use the Services to order, promote, disseminate, or link to any User Content falling into the following categories:
  • Violation of Law: Any content violating the Constitution, laws of Vietnam, or recognized international laws.
  • Sensitive Politics and Religion: Content propagating against the State, harming national security, social order and safety; distorting history; insulting national honor, national heroes; inciting violence, war; causing hatred, division among nations, religions.
  • Sovereignty and Territory: Misleading, distorting content regarding national sovereignty, territorial borders.
  • Obscenity, Pornography: Explicit sexual content, pornographic images or text, especially involving children.
  • Violence and Offensive: Content describing or promoting extreme violence, cruelty, suicide, self-harm, or shocking, gruesome content.
  • Gambling and Betting: Advertising, organizing, or linking to forms of gambling, football betting, lottery, reward exchange games, online casinos, and other illegal gambling activities.
  • Cryptocurrency and High-Risk Finance: Promoting uncontrolled Cryptocurrency (coins), virtual currency, unlicensed exchanges, multi-level financial models (Ponzi schemes), or super-profit investment forms with signs of fraud.
  • Prohibited Goods and Products (Local Laws): Advertising, trading items, products prohibited from storage, circulation, business under the host country's laws (including but not limited to: weapons, explosives, stimulants, smuggled goods).
  • Violation of Ethics and Customs: Content contrary to ethical values, fine traditions and customs of the Vietnamese nation.
  • Defamation, Harassment, Threats: Content attacking individuals, slandering, insulting honor, dignity, reputation of organizations, individuals; harassing, threatening, invading privacy.
  • Intellectual Property Infringement: Content infringing copyrights, trademarks, patents, trade secrets, or other intellectual property rights of third parties.
  • Fraud, Deception, Misinformation: Content of a fraudulent nature, providing false information causing misunderstanding, deceptive advertising, scam forms.
  • Malware: Content containing viruses, malware, trojans, worms, or any computer code designed to harm, disrupt, or hijack systems, data.
  • Spam and Disruptive Behavior: Using the Services to send spam, junk messages, or perform other disruptive behaviors on Social Media Platforms.
• 4.4. Responsibility for Content: You are fully responsible for the User Content that you provide or link to when using the Services. Social Boost Asia does not pre-screen all User Content but reserves the right (but has no obligation) to refuse or remove any content violating these Terms.
• 4.5. Providing Accurate Order Information: You must ensure that all information provided for the order (e.g., post/video/channel URL, username, service type, quantity) is accurate, public, and valid at the time of ordering and throughout the execution process.

5. Ordering, Payment, and Refund Policy

• 5.1. Ordering Process: Orders are created via the interface on the Website. You are responsible for selecting the correct service, quantity, and providing accurate destination information.
• 5.2. Payment: You agree to pay fully and on time for all Services ordered at the prices listed at the time of ordering. Accepted payment methods will be displayed on the Website. Balances loaded into the account are non-refundable under any circumstances.
• 5.3. Taxes and Fees: Service prices may not include VAT or other applicable taxes and fees required by law. You are responsible for paying these taxes and fees if applicable.
• 5.4. NO REFUND POLICY: Due to the nature of the Services, Social Boost Asia applies a strict no-refund policy. Specifically, We WILL NOT REFUND in the following cases (list not exhaustive):
  • User Error:
    • Providing incorrect order information (wrong URL, invalid URL, wrong format, wrong service type).
    • Target post/account/video/channel set to private, deleted, hidden, URL/username changed, or restricted/banned by Social Media Platform before, during, or after the order is being processed.
    • Target content violating Social Boost Asia's or Social Media Platform's Terms of Use.
    • User voluntarily cancelling the order when the system has started processing or partially completed.
    • User placing duplicate orders for the same target when the previous order is not completed (may cause errors and no refund).
    • Simultaneously using similar services from another provider for the same target while the order at Social Boost Asia is running.
  • Service Completion: The order has been recorded by the system as "Completed" (even if the actual quantity may have small variations or natural drops afterward).
  • Deposit Balance: Money deposited into the Account balance on Social Boost Asia will not be withdrawn or refunded in cash or bank transfer.
  • Platform Algorithm Changes: Interaction drops (e.g., likes drop, follow drop) after order completion due to algorithm changes or sweeping actions by Social Media Platforms.
• 5.5. Exceptions (Balance Refund Consideration): In case the Service cannot be performed or significantly completed solely due to technical errors from Social Boost Asia's system (and not falling into exclusion cases in Section 5.4), We may, at our sole and absolute discretion, consider refunding part or all of the unfulfilled value of the order to your Account balance on the Website for use on other services.
• 5.6. Processing Time: Order processing and completion times estimated on the Website are for reference only and may vary depending on service type, quantity, system status, and Social Media Platform algorithms. We do not guarantee exact completion times.

6. Violation Handling and Service Termination

• 6.1. Right to Refuse/Cancel Orders: Social Boost Asia reserves the right to refuse processing or immediately cancel any order that we, at our sole discretion, deem to violate these Terms, especially regulations on Prohibited Content in Section 4.3. Order cancellation in this case will not be refunded.
• 6.2. Consequences of Severe Violation: For severe, intentional, or repeated violations of these Terms (especially Section 4.3), Social Boost Asia reserves the right to take one or more of the following actions without prior notice and without liability for compensation:
  • Suspend or Terminate Account: Temporarily or permanently lock your access to and use of the Services.
  • Confiscate Entire Balance: The entire remaining amount in the violating User's Account will be confiscated and non-refundable.
  • Permanent Ban: Block IP address, other identification information to prevent future access or re-registration.
  • Report to Authorities: In case content or behavior violates criminal law or seriously affects security, order, Social Boost Asia has the right and responsibility to cooperate, provide identification information of the violating User (including transaction history, IP address, registration information) to investigative agencies, competent state management agencies upon request or when we deem necessary to protect public interests or legitimate interests of Ours and related parties.
  • Other Legal Actions: Initiate necessary legal proceedings to claim damages or apply other preventive measures.
• 6.3. Legal Liability: You agree that You will bear full responsibility before the law and indemnify all damages, costs incurred (including reasonable legal fees) to Social Boost Asia and related parties caused by your violation of these Terms.

7. Disclaimer and Limitation of Liability

• 7.1. Provided "As Is": The Services are provided on an "as is" and "as available" basis without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• 7.2. No Result Guarantee: Social Boost Asia does not guarantee that using the Services will bring specific business results, increase sales, improve search rankings, or achieve any other goals. We also do not guarantee the quality, origin, or long-term sustainability of the provided Interactions (e.g., followers may unfollow, views may not come from ideal target audience, interactions may not persist forever).
• 7.3. Risk from Social Media Platforms: You acknowledge and accept that using Interaction boosting services may violate the terms of use of some Social Media Platforms. Social Boost Asia is NOT RESPONSIBLE for any negative consequences to your social media account, including but not limited to natural interaction drop, warnings, feature restrictions, temporary suspension, or permanent account lock by the Social Media Platform. Use of the Services is entirely at Your own risk.
• 7.4. Limitation of Legal Liability: To the maximum extent permitted by law, Social Boost Asia, our directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, data, use, goodwill, or other intangible losses, arising from (i) your access to or use or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your content or transmissions, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if we have been informed of the possibility of such damage.
• 7.5. Maximum Liability: In no event shall Social Boost Asia's total maximum legal liability to You for all claims arising from or related to this Agreement or the use of Services exceed the total amount You paid to Social Boost Asia for the specific Services causing such claim within one (1) month prior to the event leading to the claim.

8. Indemnification

You agree to indemnify, defend, and hold Social Boost Asia, our parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors harmless from all claims, demands, losses, legal liabilities, costs, or debts and expenses (including but not limited to reasonable attorney fees) arising from or related to: (i) your use and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including but not limited to any intellectual property rights or privacy rights; or (iv) any claim that your User Content causes damage to a third party.

9. Intellectual Property

• 9.1. Ownership of Social Boost Asia: The Website and Services, including all source code, databases, functions, software, website designs, audio, video, text, images, and graphics (collectively "SBA Content") and trademarks, service marks, and logos contained therein ("Marks") are exclusive property of Social Boost Asia or licensed to us, and are protected by copyright laws, trademark laws, and other intellectual property rights as well as unfair competition laws of Vietnam, international laws, and international conventions.
• 9.2. Limited License: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and download or print a copy of any portion of SBA Content to which you have valid access, solely for your personal, non-commercial purpose related to using the Services.
• 9.3. User Content Ownership: You retain ownership of your User Content. However, by providing User Content, you grant Social Boost Asia a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such User Content only to the extent necessary to provide and improve the Services.

10. Links to Third-Party Websites

The Services may contain links to third-party websites or services not owned or controlled by Social Boost Asia. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Social Boost Asia shall not be liable or legally responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such website or service.

11. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a modification is material, we will maintain effort to provide notice at least 15 days prior to any new terms taking effect (notice may be via email, notification on the Website, or other reasonable means). Determining what constitutes a material modification will be at our sole discretion. By continuing to access or use our Services after such modifications become effective, you agree to be bound by the modified terms. If you do not agree to the new terms, please stop using the Services.

12. Governing Law and Dispute Resolution

• 12.1. Governing Law: This Agreement and any dispute or claim arising from or related to it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and interpreted according to the laws of the Socialist Republic of Vietnam, excluding conflict of law rules.
• 12.2. Dispute Resolution: Every dispute, disagreement, or claim arising from or related to this Agreement shall be resolved first by negotiation and conciliation between parties within thirty (30) days from the date one party sends written notice of the dispute to the other. If the dispute cannot be resolved by negotiation within the specified period, such dispute shall be submitted for resolution at the competent People's Court in Ho Chi Minh City, Vietnam.

13. General Terms

• 13.1. Entire Agreement: This Agreement, together with the Privacy Policy and any other policies or operating rules posted by us on the Website or related to the Services, constitute the entire agreement and understanding between You and Social Boost Asia and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms).
• 13.2. Severability: If any provision of this Agreement is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
• 13.3. Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
• 13.4. Headings: Section headings used in this Agreement are for convenience only and shall not limit or affect these Terms.
• 13.5. Electronic Communication: You agree to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

14. Contact Information

If you have any questions about this Terms of Service, please contact us via support channels provided on the Social Boost Asia Website.

15. Force Majeure and Right to Discontinue Services (IMPORTANT)

• 15.1. Definition of Force Majeure Events: Within the scope of this Agreement, "Force Majeure Event" is defined as any event, circumstance, or change beyond the reasonable control of Social Boost Asia, including but not limited to:
  • Platform Algorithm Changes: Social Media Platforms (Facebook, Instagram, TikTok, YouTube, Twitter, Threads, Telegram, Shopee, Lazada, etc.) changing, updating, or adjusting content distribution algorithms, engagement detection algorithms, or internal operating mechanisms, rendering Social Boost Asia's current Service delivery methods ineffective, restricted, or entirely infeasible.
  • API and Platform Policy Changes: Social Media Platforms updating, restricting, or disabling application programming interfaces (APIs); tightening usage policies; implementing new anti-automation measures; or changing their terms of service in ways that directly affect Social Boost Asia's operational capabilities.
  • Service Type or Infrastructure Incompatibility: Servers, technology, service delivery methods, or specific service types no longer compatible with Social Boost Asia's current business strategy, quality standards, or operational policies; service maintenance costs increasing to commercially unviable levels.
  • Supplier or Partner Ceasing Operations: Upstream service providers, network partners, or third parties upon whom Social Boost Asia depends for providing Services ceasing operations, abruptly changing pricing, lowering quality below acceptable levels, or unilaterally terminating cooperation.
  • New Legal Regulations: Governments of Vietnam or related countries enacting new laws, decrees, regulations, prohibitions, sanctions, or rules that directly or indirectly affect Social Boost Asia's Service delivery operations.
  • Natural Disasters, Wars, Pandemics: Earthquakes, floods, fires, pandemics/epidemics, wars, political instability, strikes, riots, terrorism, or other natural/social disasters.
  • Cyberattacks and Security Incidents: Distributed denial of service (DDoS) attacks, unauthorized intrusions (hacking), ransomware, critical security vulnerabilities (zero-day exploits), or cybersecurity incidents beyond reasonable defense capabilities.
  • Strategic Business Decisions: Social Boost Asia restructuring its service portfolio, changing business models, merging, transferring, or discontinuing a specific service area to optimize overall operations and protect the company's long-term interests.
• 15.2. RIGHT TO DISCONTINUE, MODIFY SERVICES WITHOUT PRIOR NOTICE: When any Force Majeure Event listed in Section 15.1 occurs, or for any other legitimate reason at its sole discretion, Social Boost Asia has the absolute and full right to perform one or more of the following actions WITHOUT prior notice to the User:
  • Discontinue any service, whether temporarily or permanently, on any platform;
  • Change service prices (increase or decrease) at any time without explanation;
  • Change minimum and maximum quantities (min/max) of each service package;
  • Change service technical specifications including processing speed, delivery methods, engagement sources, warranty rates, and service quality;
  • Discontinue support for one or more specific Social Media Platforms;
  • Cancel or refund pending orders (the unrealized value will be credited to the account balance on the Platform, at the sole and absolute discretion of Social Boost Asia).
• 15.3. COMPLETE LIABILITY EXEMPTION: Social Boost Asia is NOT liable for any legal, financial, or moral consequences to the User or any third party if the exercise of rights in Section 15.2 (including but not limited to service discontinuation, price changes, specification changes) — whether intentional or not, with or without prior notice — causes any of the following consequences:
  • Impact on the User's revenue, profits, or business plans;
  • Disruption of marketing campaigns, advertising, or social media communication plans;
  • Loss of business opportunities, loss of customers, reduction in brand reputation, or any other indirect or consequential damages;
  • Differences between the service purchased/ordered and the service actually received after changes;
  • Delays or failure to complete orders due to Force Majeure Events.
• 15.4. Order Handling During Force Majeure Events:
  • Orders in progress: Social Boost Asia will make reasonable efforts to complete the remaining portion of the order. If unable to continue, the unrealized value may be credited to the User's Account balance on the Platform, at the sole and absolute discretion of Social Boost Asia. This refund (if any) is not considered an obligation but rather a goodwill gesture from Social Boost Asia.
  • Completed orders: Will not be refunded in any form, even if the quality or durability of the Engagement is affected by Force Majeure Events after the order is recorded as completed.
  • Account balance: The remaining balance in the User's Account will be preserved and can be used for other services still active on the Platform. However, this balance cannot be refunded in cash or bank transfer under any circumstances.
• 15.5. User Commitment and Acknowledgment: By continuing to use the Services, the User commits and acknowledges that:
  • The social media engagement service industry is of a highly volatile nature, entirely dependent on the policies and unilateral decisions of third-party Social Media Platforms that Social Boost Asia has no ability to control or predict;
  • Social Boost Asia operates in a constantly changing business environment and cannot guarantee that any specific service will continue to exist, maintain its price, or preserve its technical specifications for any period of time;
  • Users should not rely entirely on any single service on the Platform for critical business operations and should have appropriate contingency plans;
  • Social Boost Asia has the absolute and full right to implement any changes (in pricing, technical specifications, service catalog, minimum/maximum limits, or service discontinuation) without prior notice to the User in any form. All changes take effect immediately from the moment Social Boost Asia applies them, and the User has no right to complain, demand compensation, or contest such changes in any form;
  • This Force Majeure clause supplements and does not replace other rights of Social Boost Asia already established in other Sections of this Agreement (including Sections 2.3, 7, and 11).

YOU CONFIRM THAT YOU HAVE CAREFULLY READ THESE TERMS OF SERVICE AND AGREE TO ALL PROVISIONS THEREIN.