Terms and Conditions

This Agreement was last revised on Jan 5, 2022.

INTRODUCTION

fypmachine.com (“website”) owned and managed by Hashtag Engine LLC (“we,” “us,” or “our”) welcomes you.  

We offer you access to our services through our “website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  We strongly recommend you to carefully go through these Terms and Conditions. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these Terms, then please do not use the Website. 

DEFINITIONS

• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
•  “Service” or “Services” refers to any service shown below, which we may offer from our Website. 
•  “User”, “You” and “your” refers to the person who is accessing the website for taking or availing any service from us.
• “Customer” or “Client” refers to the user interested in purchasing or availing services  available on the website;
•  “We”, “us”, “our” and “Company” are references to FYP MACHINE and HASHTAG ENGINE LLC;
• “Website” shall mean and include “fypmachine.com, and any successor website of the Company or any of its affiliates;
• “User Account” shall mean an electronic account opened for the customer for availing various services offered on the website;
• “Subscription Fee” means the subscription fee paid by User for participation in the Subscription Plans, paid directly by the Users to the Website.
• “Subscription Plan” shall mean the plan available on the Website through which users can avail various Services offered on the Website.

INTERPRETATION

• All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
• Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
• Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define, limit or affect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

• Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
• Eligibility: Certain Service of the Website is not available to minors under the age of 16 or to any users suspended or removed from the system by us for any reason. 
• Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

The customer agrees to these methods of growth and terms and agrees that Hashtag Engine LLC and its officers, directors, shareholders, employees and other representatives will not be liable for any complaints related to the quality, quantity or legitimacy of followers, likes, views and other forms of social media engagement received.

MODIFICATIONS TO THE SERVICE 

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

USER CONTENT 

1. 1. Content Responsibility. 

The website permits you to share content, post comments, feedback, etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• transmits viruses or other harmful, disruptive or destructive files ;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
• Information or data which are unlawfully obtained.

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

SUBSCRIPTIONS AND PAYMENT

• All the payments for any service available on the website shall be governed by our terms and conditions.
• For purchasing any service available on the website, the user has to subscribe to the appropriate Subscription Plan according to his requirements. You will be liable to pay us based on the Subscription Plan chosen. 
• While providing your details you must be careful and warrant that the information provided is true and accurate. 
• Payment mode shall be: 
  • Online: Credit/Debit Cards
• Credit and Debit cards are accepted via selected third-party payment processors. Accepted cards are: Visa, MasterCard, American Express, and Discover cards are accepted if they have the respective company logo. We currently do not accept Prepaid Cards in order to reduce fraudulent activity.

• You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons.

• When you purchase a Subscription Plan, you expressly authorize us (or our third-party payment processor) to charge you for the term of your Subscription each time your payment is due under your Subscription Plan.

• When you purchase a Subscription Plan you expressly authorize us (or our third-party payment processor) to authorize the total price of the Subscription Plan you choose at the start of the free trial. This is a pre-authorization hold that we immediately void. This means you are not charged at this point. This is done to ensure that customers are not attempting to abuse our services with either bad cards or stolen cards. From our side we void within 5 minutes of receiving the authorization response from the customer’s bank. At this point it is dependent on the bank for when the funds will appear as available in the customer’s bank account. We are not in control of this at this point and the customer/user/your bank is now in charge of when to release this to you. This usually happens in 24-48 hours but may take up to or longer than 14 days in extreme circumstances. If the bank does not release funds or if you have an issue at this point it is not longer the responsibility of Hashtag Engine LLC but rather the responsibility of the customer/user/you as well as the customer’s/user’s/your bank.

• We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). 

• You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. 

• When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). 

• You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). 

• Subscriptions: If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations before cancellation of your Subscription by you or us. 

• The refund shall be allowed as per our refund policy. 
• We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.

TRIAL PERIOD

At fypmachine.com, we offer a free trial period of 3 days where the user may cancel the subscription without being charged, after the 3 days the money for the plan they chose will be deducted.

Users must cancel subscription 24 hours before the trial expires else they will be charged a full payment for the period.

Note: We reserve the right of any changes in refund policy. Any changes will be updated on our website.

GEOGRAPHIC RESTRICTION

We reserve the right, to limit the usage or supply of any product or service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

CUSTOMER RESPONSIBILITIES

• You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
• You shall not upload, any content on the website that:
  • Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person. 
• You shall not use or access the Website for collecting any market research for some competing business;
• You shall not misrepresent or personate any person or entity for any false or illegal purpose;
• You will not use any device, scraper, or any automated thing to access the Website for any purpose without taking permission from us. 
• You will inform us about anything that is inappropriate or  you can inform us if you find something illegal on the website; 
• You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   
• You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

GENERAL CONDITIONS

• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website is licensed to you on a limited, non-exclusive, non-transferable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
• We reserve the right to reject the services for any business which we judge to be unfit due to content or otherwise. This includes, but is by no means limited to, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe the copyright or are contrary to enforceable laws
• We reserve the right to alter prices at any time without notice. If a client has commissioned any services from our website before a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
• Due to the various factors involving the organic automation process, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Hashtag Engine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FYP MACHINE and/or Hashtag Engine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Results, including the quantity, quality and legitimacy of followers , likes, views, and any other form of social media engagement received on behalf of the service, is not guaranteed in any way.

USAGE OF THIRD PARTY CONTENT

At fypmachine.com, we have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.

EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the fypmachine.com Website including loss of data or information or any kind of financial or physical loss or damage.

We shall not be responsible for any loss of data, property, stock while using our service. 

In no event shall HASHTAG ENGINE LLC, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.

NO RESPONSIBILITY

We are not responsible to you for: 

• any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
• any losses you suffer because you cannot use our website at any time; or
• any errors in or omissions from our website; or
• any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
• any unauthorized access or loss of personal information that is beyond our control.

THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator of those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure(s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no right to use the content, and you will not take any Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such a case, you agree to cooperate with any reasonable requests assisting our defense of such matters.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION 

If a dispute arises between you and website fypmachine.com, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a “Claim”) in accordance with this section entitled “Dispute Resolution.” Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service. 

ARBITRATION OPTION 

For any claim arising between you and fypmachine.com (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $50,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of the United States of America and the State of Delaware without giving effect to any principles of conflicts of law. The courts of the State of Delaware shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

Refund Policy

Our Refund Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Refund Policy at any time.

REFUND POLICY

No refund will be applicable on the cancellation/termination of a subscription after the completion of the initial free trial. If you wish, you can cancel your subscription at any time. You can still use the applicable paid service until the end of the term you paid for.

In a determination to accomplish user satisfaction, you can contact us for a refund or any other issues through our email support@fypmachine.com.

We will refund you back in the following circumstances:

1. If there is duplicate payment was made due to technical glitch, or any other error;

2. If we make a refund as per the provision of our refund policy which is updated by us from time to time;

3. If we consider the refund is necessary as per customer support staff as per our sole discretion.

• HOW CAN I GET MY REFUND?

Our refund policies are simple. You can claim a refund by sending us an email at support@fypmachine.com.

If for any reason our back-office staff confirms a refund, the refund will be made accordingly.

UNETHICAL ORDER & CANCELLATION POLICY

• In case of any order is made through unethical means; by taking advantage of a technical glitch; or by misusing/ the offer terms/guidelines/codes – the particular order/s will be canceled whatsoever and https://fypmachine.com will not be liable to pay any refund to you in all such cases.

• METHODS OF PAYMENT AND REFUND

We will refund your amount to the original payment method, once it has been processed.

• REFUND CYCLE:

The complete refund process normally takes about 5-15 working days from the date of confirmation of refund.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@fypmachine.com.