Legal
Terms of Service
These terms are the agreement between Wellkept Social LLC and the business that subscribes to our services. By subscribing, or by using any part of the service, you agree to them. If you are accepting on behalf of a company, you confirm you are authorized to bind it.
1. What we provide
We offer two services. A client may subscribe to either or both.
| Service | What it covers |
|---|---|
| Social media management | A fixed number of original posts per month — written, designed, scheduled, and published to the accounts you nominate — plus a monthly summary. |
| Business messaging | A shared inbox that collects messages from the channels you connect, an optional automated assistant that drafts and sends replies on your behalf, and handover to your own staff. |
The exact scope, volume, and price for your subscription are what we agreed in writing when you signed up. Where these terms and that written agreement conflict, the written agreement wins.
2. Your account
- The service is for business use only. It is not offered to consumers.
- You must give accurate account information and keep it current.
- You are responsible for your users’ actions and for keeping login credentials secret.
- Tell us promptly at hello@wellkeptsocial.com if you believe an account has been compromised.
3. Fees, billing, and cancellation
- Subscriptions are billed in advance, monthly, in US dollars, through Stripe. Payment is due on the billing date shown on your invoice.
- Setup fees, where one applies, are one-time and billed before work begins.
- Cancel any time. There is no minimum term and no cancellation fee. Cancellation takes effect at the end of the period you have already paid for.
- We do not pro-rate refunds for a partial month once work for that month has begun. If we have not started, tell us and we will refund it.
- Failed payment. If a payment fails we will tell you and retry. If it is still unpaid after 7 days we may suspend the service. Suspension does not erase your data — see the deletion schedule in our Privacy Policy.
- Price changes take effect no sooner than 30 days after we notify you, and never inside a period you have already paid for.
4. Third-party messaging charges
Meta’s messaging fees are billed to you, not to us. When you connect a WhatsApp or Instagram channel, you add your own payment method inside your own Meta Business account. Meta charges you directly for message delivery according to its own published rates.
Our subscription fee covers our software and our work. It does not include, and we do not resell, Meta’s messaging charges. We have no control over those rates and cannot guarantee them.
5. Your obligations on messaging channels
Messaging channels are governed by the platform’s own rules as well as by ours. These obligations are not optional — breaking them can get your phone number restricted or permanently banned by Meta, and can put our platform access at risk.
- Obtain opt-in consent. You may only send messages to people who have given you permission to contact them on that channel. You must keep a record of that consent.
- Comply with platform policy. You must follow the WhatsApp Business Messaging Policy, the Meta Platform Terms, and all other applicable platform rules.
- Respect the service window. Outside the platform’s customer service window, only approved message templates may be sent.
- Honour opt-outs. When someone asks to stop receiving messages, stop.
- Own your channel. You confirm you are the rightful owner of the phone numbers and business accounts you connect, and that you are authorized to connect them.
- Comply with the law. You are responsible for following the marketing, privacy, and consumer protection laws that apply to you and your customers.
6. Acceptable use
You may not use the service to:
- send unsolicited bulk messages, or any message to someone who has not opted in;
- distribute malware, phishing links, or fraudulent offers;
- publish or transmit content that is unlawful, defamatory, hateful, or sexually exploitative;
- infringe anyone’s intellectual property or privacy rights;
- impersonate another business or person;
- market goods or services prohibited by the platforms, including illegal drugs, weapons, or counterfeit goods;
- attempt to breach, probe, or overload our systems, or to access another client’s data.
We may suspend an account immediately and without notice where we reasonably believe this section has been breached, or where a platform requires us to act.
7. Who owns what
- You own your data. Your contacts, conversations, brand assets, and the content you supply remain yours.
- You own the deliverables. On payment, you receive full ownership of the posts, captions, and images we produce for you under the social media service.
- We own the platform. Our software, designs, templates, prompts, and methods remain ours. Subscribing gives you a non-exclusive, non-transferable right to use them for the duration of your subscription.
- Aggregate insights. We may use anonymized, aggregated statistics that do not identify you or any individual to operate and improve the service.
8. Third-party platforms
The service depends on platforms we do not control — including Meta, Stripe, and our hosting and model providers. Those platforms set their own rules, rates, and availability, and may change them, restrict an account, or withdraw a feature at any time. We are not liable for their decisions, outages, or charges. If a platform restricts your account, we will help you understand why, but we cannot overturn it.
9. Service levels and what we do not promise
We do not guarantee business results. We do not promise a particular number of leads, sales, followers, response rate, or revenue. Any figures used in our marketing are illustrative, not a commitment, and results depend on factors outside our control.
We aim to keep the service available and to respond to support requests within one business day, but we do not offer a contractual uptime guarantee unless one is stated in your written agreement. Automated replies are generated by a language model and may occasionally be wrong or off-tone. You remain responsible for what is sent from your channels, and you can disable automation or take over any conversation at any time.
10. Confidentiality
Each of us may learn non-public information about the other. Both of us agree to keep it confidential, to use it only to perform this agreement, and to protect it with at least reasonable care. This does not apply to information that is already public, that is received lawfully from someone else, or that must be disclosed by law.
11. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised such damages were possible.
Our total aggregate liability arising out of or relating to this agreement is limited to the amounts you paid us in the twelve months immediately before the event giving rise to the claim.
Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by negligence.
12. Indemnity
You will defend and indemnify Wellkept Social LLC against third-party claims arising from your content, your use of the service in breach of these terms, your breach of a platform’s policy, or your failure to obtain the consents required in section 5.
13. Term and termination
- This agreement runs for as long as you hold an active subscription.
- Either of us may terminate for convenience with 30 days’ written notice.
- Either of us may terminate immediately if the other materially breaches these terms and does not fix it within 14 days of being told.
- On termination your access ends, and your data is deleted on the schedule in our Privacy Policy. Ask us before termination if you want an export.
- Sections 7, 10, 11, 12, and 15 survive termination.
14. Changes to these terms
We may update these terms. If a change materially affects your rights we will notify account holders by email at least 30 days before it takes effect. Continuing to use the service after that date means you accept the change. If you do not accept it, you may cancel before it takes effect and we will refund any unused prepaid period.
15. Governing law and disputes
These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. The state and federal courts located in Wyoming have exclusive jurisdiction, and both parties consent to that venue. Before filing anything, we each agree to try in good faith to resolve the dispute by writing to the other and allowing 30 days to fix it.
16. General
- If any provision is held unenforceable, the rest stays in force.
- Neither party may assign this agreement without the other’s consent, except in a merger or sale of substantially all assets.
- Failing to enforce a provision is not a waiver of it.
- These terms and your written order together are the entire agreement between us on this subject.
- Neither party is liable for delays caused by events beyond its reasonable control.
17. Contact
Wellkept Social LLC
30 N Gould St, Ste N, Sheridan, WY 82801, USA
hello@wellkeptsocial.com