Introduction

These Terms and Conditions (the “Terms”) govern:

• the use of Draco Social (together with any related applications or services, the “Service”), and
• any other related agreement or legal relationship with the Owner,
• in a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document.

Users must read this document carefully.

Although the entire contractual relationship relating to the Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Draco Social has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Owner of Draco Social
Draco Social
ul. Odrowążów 83/31
44-103 Gliwice, Poland
Owner contact email: support@draco.social

About Draco Social

“Draco Social” refers to:

1. This website (including subdomains) and any other website through which the Owner makes its Service available;
2. The Application Program Interfaces (API);
3. The Service itself;
4. Any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation.

Draco Social is a social media management software-as-a-service (SaaS) that enables Users to create, schedule, monitor, and analyze content across multiple social media platforms.

What the User should know at a glance

• Certain provisions in these Terms may only apply to specific categories of Users (e.g., Consumers, Business Users, or EU/UK-based Users). Where relevant, this will be explicitly mentioned.
• The right of withdrawal (cooling-off period) under EU/EEA/UK consumer laws only applies to European Consumers, subject to the conditions stated in these Terms.

1. TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Draco Social.

Additional conditions of use or access may apply in specific scenarios and will be indicated within this document.

1.1. User Requirements

By using Draco Social, Users confirm they meet these requirements:

• There are no restrictions on Users in terms of being Consumers or Business Users;
• Users are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country;
• Users are not listed on any U.S. Government list of prohibited or restricted parties.

1.2. Account Registration

• Registration: To use the Service, Users must register or create a User account, providing all required data in a complete and truthful manner. Failure to do so will result in the inability to use the Service.
• Security: Users are responsible for keeping login credentials confidential and must choose strong passwords. Users are fully responsible for all activities under their username and password.
• Unauthorized Access: Users must immediately inform the Owner if they suspect unauthorized access or a breach of their account or personal data.

Conditions for account registration

• Accounts registered by bots or any other automated methods are not permitted.
• Each User must register only one account unless otherwise specified.
• A User account may not be shared with other persons unless explicitly permitted.

Account Termination

Users can terminate their account and stop using the Service per the conditions outlined in Draco Social (or by contacting support@draco.social).

Account Suspension and Deletion

The Owner may suspend or delete User accounts at any time and without notice if they violate these Terms or if the account is deemed inappropriate or offensive. Such actions do not entitle the User to any compensation, damages, or reimbursement.

1.3. Content on Draco Social

Unless otherwise indicated, all content available on Draco Social is owned or provided by the Owner or its licensors.

• Intellectual Property Rights: The Owner holds and reserves all intellectual property rights for such content.
• Usage Restrictions: Users may not copy, download, share, modify, translate, publish, transmit, sell, sublicense, or create derivative works from the content unless explicitly allowed.

Where expressly stated, Users may download or share certain content for personal, non-commercial use, provided all required attributions are included.

1.4. Removal of Objectionable Content

If any User-generated content on Draco Social is deemed objectionable, the Owner may remove it within 24 hours. The Owner may also bar the User who provided it from further use of the Service.

1.5. Access to External Resources

Draco Social may enable access to external resources (e.g., other websites, social media platforms). The Owner has no control over these external resources and is not responsible for their content or availability. Any terms and conditions or licensing applied by the external resource providers remain in effect.

1.6. Acceptable Use

Users must only use Draco Social and its Service within the scope provided by these Terms and applicable law.

The Owner reserves the right to take any measure to protect its interests, including but not limited to denying access to Draco Social, terminating contracts, or reporting misconduct to authorities if Users:

• Violate these Terms or applicable laws/regulations;
• Infringe third-party rights;
• Significantly impair the Owner’s legitimate interests;
• Offend or defame the Owner or any third party.

1.7. Referral Programs

Draco Social may offer referral incentives if a User’s recommendation results in a new paying User. Such referrals, if available, will be described on Draco Social with specific conditions (e.g., referral codes).

1.8. Software License

Any intellectual or industrial property rights on software or technical applications embedded in or related to Draco Social are held by the Owner or its licensors. Subject to compliance with these Terms, the Owner grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software within the scope and purpose of Draco Social.

This license does not grant any rights to the source code. Techniques, algorithms, and procedures in the software are the exclusive property of the Owner or its licensors.

All rights and licenses terminate upon any termination or expiration of the Agreement.

1.9. API Usage Terms

If Users access Draco Social via an Application Program Interface (API), these Terms apply, plus the following:

• The Owner is not responsible for damages or losses resulting from the User’s API usage or any third-party product that accesses data through the API.

2. TERMS AND CONDITIONS OF SALE (IF APPLICABLE)

2.1. Paid Products

Some Products or features on Draco Social require payment of fees. The fees, duration, and conditions are described in the relevant sections of Draco Social.

To purchase Products, the User must be registered and logged into Draco Social.

Product Description Prices, descriptions, and availability of Products on Draco Social are subject to change without notice. While the Owner makes every effort to present Products accurately, representations are for reference only and imply no warranty as to the Product’s characteristics.

2.2. Purchasing Process

1. Users select the desired Product or subscription plan and verify their selection.
2. After reviewing, Users place the order by submitting it.

Once an order is submitted:

• The User is obligated to pay the price plus any applicable taxes and fees.
• If the purchased Product requires User input (e.g., personal data or preferences), the User must cooperate accordingly.
• A receipt confirming the order will be sent to the User’s provided email.

2.3. Prices

Users are informed during the purchase process of all fees, taxes, and costs. Prices may be displayed inclusive or exclusive of taxes, depending on the relevant section of Draco Social.

2.4. Methods of Payment

Information about accepted payment methods is provided during checkout. Payment methods may be processed by third-party services; Draco Social does not store payment details. If a payment fails, the Owner is under no obligation to fulfill the order and may claim associated expenses from the User.

2.5. Retention of Usage Rights

Users do not acquire any rights to use a purchased Product until the Owner receives the total purchase price.

2.6. Delivery / Performance of Services

The purchased service (e.g., subscription to advanced features) will be performed or made available as specified on Draco Social or otherwise communicated.

3. CONTRACT DURATION

3.1. Trial Period

Draco Social may offer free trials. Any limitations on features or duration of the trial are specified on Draco Social. If not canceled before the end of the trial, the trial will convert into a paid subscription under the terms presented at sign-up.

3.2. Subscriptions

Draco Social offers subscription services that continue until canceled or terminated:

• Open-Ended Subscriptions: Begin on the day payment is received. To avoid interruption, Users must pay recurring fees on time.

Termination of Subscriptions

• By User: A User may terminate at any time by sending a clear notice or using the cancellation controls in Draco Social. Termination may take effect after 30 days’ notice (if open-ended).
• By Owner: The Owner may terminate a subscription if the User breaches these Terms or if required by law.

4. USER RIGHTS

4.1. Right of Withdrawal (European Consumers)

Unless exceptions apply, EU/EEA/UK Consumers are entitled to withdraw from online contracts within 14 days without giving any reason. Users who do not fit this category cannot benefit from these rights.

To exercise the right of withdrawal, Users in these regions must send an unequivocal statement of their decision to the Owner before the 14-day period expires. The Owner will refund all payments received, less any additional costs arising from the User’s chosen delivery method, within 14 days of receiving the withdrawal notice.

If the User requested the service to begin during the withdrawal period, the User may be charged an amount proportional to the services provided until the withdrawal date.

5. LIABILITY AND INDEMNIFICATION

5.1. Australian Users

Nothing in these Terms excludes, restricts, or modifies any non-excludable rights under the Competition and Consumer Act 2010 (Cth) or similar legislation. To the fullest extent permitted by law, the Owner’s liability is limited, at the Owner’s discretion, to re-performance of services or payment of the cost of having services supplied again.

5.2. US Users

Disclaimer of Warranties Draco Social is provided on an “as is” and “as available” basis. The Owner expressly disclaims all warranties—express, implied, statutory, or otherwise (including merchantability, fitness for a particular purpose, and non-infringement). No advice or information obtained from the Owner creates any warranty not stated herein.

The Owner does not warrant that:

• The Service meets Users’ requirements;
• The Service will be uninterrupted, timely, secure, or error-free;
• The content is accurate, reliable, or correct;
• Any defects will be corrected;
• The Service is free of viruses or harmful components.

Limitations of Liability

To the maximum extent permitted by law, the Owner is not liable for:

1. Indirect, punitive, incidental, special, consequential, or exemplary damages (e.g., lost profits, goodwill, data).
2. Damages arising from hacking, unauthorized access, or other security breaches.
3. Errors or inaccuracies of content.
4. Personal injury or property damage resulting from access or use of the Service.
5. Unauthorized access to or use of the Owner’s servers and/or stored data.
6. Interruption or cessation of transmission to or from the Service.
7. Bugs, viruses, or malicious code transmitted through the Service.
8. Defamatory, offensive, or illegal conduct of any User or third party.

The total liability of the Owner will not exceed the amount paid by the User for the Service in the preceding 12 months (or the duration of this Agreement, if shorter).

5.3. Indemnification

The User agrees to indemnify and hold the Owner (and its affiliates, officers, directors, agents, partners, and employees) harmless from any claims, damages, or liabilities arising from:

• Use of or access to Draco Social;
• Violation of these Terms;
• Infringement of any third-party rights;
• Violation of any law or regulation;
• Content submitted through the User’s account.

6. COMMON PROVISIONS

6.1. No Waiver

Failure by the Owner to enforce any provision of these Terms does not waive that provision or any other.

6.2. Service Interruption

The Owner may interrupt the Service for maintenance or updates, informing Users appropriately when possible. The Service might also become unavailable due to circumstances beyond the Owner’s control (force majeure). If the Service is discontinued, the Owner will assist in data export and address any rights to continued product use or compensation where required by law.

6.3. Service Reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Draco Social without the Owner’s express prior written permission.

6.4. Privacy Policy

For details on how Draco Social uses personal data (including GDPR compliance for EU/EEA/UK Users), Users should consult the Privacy Policy. By using Draco Social, Users acknowledge they have read and accepted the Privacy Policy.

6.5. Intellectual Property Rights

All intellectual property rights related to Draco Social (including trademarks, copyrights, patents) are owned by or licensed to the Owner and are protected by applicable laws or treaties. All trademarks and logos displayed on Draco Social are the property of the Owner or its licensors.

6.6. Changes to these Terms

The Owner may amend these Terms at any time by notifying Users appropriately (e.g., posting revised Terms on the website). Changes affect the relationship with the User only going forward. If Users do not agree with the changes, they must stop using the Service.

6.7. Assignment of Contract

The Owner may assign or transfer its rights or obligations under these Terms, taking Users’ legitimate interests into account. Users may not assign their rights or obligations without prior written consent.

6.8. Contacts

All communications regarding Draco Social must be sent to:

Draco Social
ul. Odrowążów 83/31
44-103 Gliwice, Poland
support@draco.social

6.9. Severability

If any provision of these Terms is deemed invalid or unenforceable, the validity of the remaining provisions is unaffected.

• EU/EEA/UK Users: Invalid or unenforceable provisions shall be replaced by applicable statutory provisions, if possible.
• US Users: Such provisions will be interpreted and reformed to the extent necessary to render them valid and enforceable consistent with the original intent.

7. GOVERNING LAW AND VENUE

These Terms are governed by Polish law without regard to conflict-of-laws principles. Any disputes shall be resolved exclusively in the courts located in or serving Powstańców Warszawy 23, 44-100 Gliwice, Poland, unless otherwise required by applicable consumer protection laws (e.g., for EU/EEA/UK consumers).

8. DISPUTE RESOLUTION

8.1. Amicable Resolution

Users may submit disputes or complaints to the Owner at support@draco.social. The Owner will attempt to resolve them amicably within 21 days.

8.2. Online Dispute Resolution for European Consumers

If you are an EU/EEA-based Consumer, you may use the European Commission’s online platform for alternative dispute resolution: https://ec.europa.eu/consumers/odr