Terms and Conditions

Article 0 – Consent

By registering on the platform or otherwise using the services of Direct Socials, you agree to these general terms and conditions and our privacy policy. During the registration process, you must explicitly confirm this. Use of the service without registration also constitutes acceptance of these terms.

Article 1 – Company Information

Direct Socials is a trade name of Digital Growth Masters B.V., based in Loenen, the Netherlands. Contact information: Email: info@directsocials.nl.

Article 2 – Service Description

Direct Socials offers a growth service for Instagram through a smart and partially automated system. This system is designed to be active on average 12 to 15 hours per day and exclusively uses safe methods aligned with normal user behavior. We do NOT use bots or fake followers; all interaction takes place through real Instagram accounts.

The purpose of the service is to increase visibility, engagement and organic growth of our clients' Instagram accounts. We do this through realistic interactions such as following, liking and commenting, always within carefully set limits. Using advanced algorithms and settings, we ensure that these interactions align as closely as possible with natural behavior, thereby increasing the chance of stable and safe growth.

Direct Socials is an independent service provider and has NO affiliation with Instagram or Meta Platforms, Inc. Our software and services are entirely developed by ourselves. Therefore, the use of our service does not imply endorsement, partnership or collaboration with Instagram or Meta.

We are committed to providing the service reliably and responsibly. The final results depend partly on factors outside our control, such as the quality and consistency of the client's content, audience engagement and possible changes in Instagram's policies or operations. Although we carefully simulate safe interaction, use of the service always remains the client's responsibility.

Article 3 – Use of Instagram

Using our service means you acknowledge that Instagram does not allow external automated activities. Any measures Instagram takes, such as temporary verification requests, restrictions or temporary account blocks, are risks inherent to using this service. Direct Socials has no control over this and such Instagram measures are entirely your own responsibility.

Article 4 – Security and System Limitations

Direct Socials develops and maintains its system with the greatest possible care and attention to security. Actions through our platform are performed within safe limits and simulated in a way that corresponds to normal human user behavior on Instagram. Our system is built to avoid excessive or risky use.

Although we strive to limit risks, we cannot provide complete protection against all possible restrictions or enforcement actions imposed by Instagram. In exceptional cases, the service may be temporarily paused or delayed for security reasons or to comply with Instagram's limits.

Direct Socials strives for continuous system operation but provides no guarantee of uninterrupted service availability.

Article 5 – Liability

Article 6 – Results and Expectations

We always strive for the greatest possible organic growth in followers and engagement for our clients. However, you understand that results may vary and depend on multiple factors, such as the quality of content on your Instagram profile, posting frequency, interaction with followers and the extent to which you follow Direct Socials' advice or guidelines. Direct Socials gives no guarantee that specific growth or particular engagement statistics will be achieved. Success depends partly on your own efforts and Instagram users' interest in your content. All figures communicated by Direct Socials serve as examples only. The client acknowledges that Direct Socials has a best-efforts obligation and not an obligation to achieve results.

Article 7 – Privacy and Data

Access to your Instagram account is required for the service to function. When starting the service, the client will provide necessary login credentials or tokens to execute the automated growth service. Direct Socials treats all obtained data with utmost confidentiality, stores personal data encrypted and uses it exclusively for performing the agreed services. Processing of personal data by Direct Socials is done in accordance with the General Data Protection Regulation and other applicable privacy legislation. Direct Socials maintains a privacy policy that further explains what data we collect and for what purposes.

In brief, the following provisions apply:

• Purpose and use: Personal and account data are only processed to the extent necessary to deliver the service and execute growth activities on Instagram on behalf of the client. Direct Socials will not use this data for its own purposes or sell it to third parties. Any analyses or statistics are only used to improve the service and are anonymized where possible.
• Security: Direct Socials takes appropriate technical and organizational measures to protect personal data against unauthorized access, loss or theft. Examples include encryption of passwords and login tokens, secure HTTPS connections and firewalls. Personal data is only made accessible to employees or processors who need to know it for performing the service and who are bound by confidentiality.
• Third parties and transfer: Direct Socials does not provide personal data of clients to third parties, unless this is necessary for performing the service or when we are legally required to do so. If it is necessary for the service to store or process data with an external party, such as a hosting provider or email service, Direct Socials will ensure that such party maintains at least an equivalent level of security and confidentiality. In principle, we process personal data within the European Economic Area. Should processing or storage take place outside the EEA, we will provide appropriate safeguards in accordance with the GDPR.
• Access and rights: You have the right to access, correction and deletion where relevant. See our privacy policy for the procedure. Questions about privacy can be sent to info@directsocials.nl. If Direct Socials acts as a processor, we will conclude a processor agreement upon request and act in accordance with the instructions of the data controller client.

Article 8 – Confidentiality

Both parties will keep strictly confidential all confidential information they obtain from each other in the context of the agreement. This includes at least business secrets, algorithms, source codes, technical methods, prices, customer data, marketing or growth strategies and know-how of Direct Socials, as well as data provided by the client such as login credentials, statistics or content of Instagram accounts. Use for other purposes or disclosure to third parties is not permitted.

Exceptions apply to information that was already public or lawfully obtained from a third party, or if disclosure is legally required. In that case, the disclosing party will inform the other party in a timely manner, to the extent permitted. Direct Socials has agreed on a confidentiality obligation with employees and any subcontractors. The confidentiality obligation remains valid during the agreement and for at least two years thereafter, or longer as long as the information is confidential.

Article 9 – Trial Period and Payments

Direct Socials uses a non-binding trial period of fourteen days, for which a symbolic amount of 0.61 euros is charged, usually for verification of payment details. The trial starts upon registration. If you do not cancel by the expiration of the fourteen days via the customer portal, a paid subscription will be automatically activated. By participating in the trial, you consent to this.

Subscription costs are paid in advance. Direct Socials invoices at the start of each subscription period and makes invoices and payment statements available in the customer portal. Payment is made via the offered payment methods. If timely payment is not received, a reminder will follow. If payment remains outstanding, service delivery may be suspended or terminated. Any collection costs may be charged according to statutory rates. Prices are in euros and inclusive of VAT, unless otherwise stated. With recurring payments, you give permission for automatic debit or periodic payment via the chosen method for the duration of the subscription.

Article 10 – Subscriptions and Cancellation

After the trial period, you enter into a subscription for an indefinite period with an initial minimum duration depending on the chosen type.

Monthly subscription: initial duration of one month, then tacit renewal per month. Cancellation is possible at any time via the customer portal and becomes effective at the end of the current month.

Quarterly and annual subscription: fixed initial duration of three or twelve months respectively. Interim termination during the initial term is not possible. After expiration, it is automatically renewed for the same duration, unless canceled in time. In time means the cancellation must be received by us before the end of the current period, preferably at least seven days before the renewal date. Cancellation is possible via the customer portal. After cancellation, the subscription remains active until the end of the paid period; there will be no new renewal. Already paid amounts will not be refunded.

Cancellation is possible via the online customer portal:
https://portal.plugandpay.com/login/directsocialsnl-vhdih-21594

Subscription changes can be made via support or the portal, if supported. An upgrade can usually take effect immediately or at the next period, possibly with pro-rata additional payment. A downgrade typically becomes effective after the current payment period ends. Direct Socials may unilaterally terminate or not renew a subscription in case of abuse or fraud.

Article 11 – Abuse and Fair Use

It is not permitted to use our service for spam, deception, inappropriate or illegal content, or other actions contrary to Instagram's user guidelines. This includes, among other things, harassing following or unfollowing, unsolicited advertising, impersonation or violation of rules and legislation.

Direct Socials operates on fair use principles. Overloading systems, undermining stability or security, or manipulating, decompiling or circumventing security measures is prohibited. In case of suspected abuse, Direct Socials may immediately suspend or terminate the service without refund and, in case of serious violations, permanently block access and claim damages.

Article 12 – Intellectual Property

All rights to software, source code, algorithms, methods, techniques, designs, trade names, logos, documentation, reports, websites, databases and templates rest with Direct Socials or its licensors. No intellectual property right is transferred to the client. The client receives a limited, non-exclusive and non-transferable right of use for the intended purpose within these terms.

Without prior written permission, it is not permitted to copy, reproduce, rent, sell, duplicate, sublicense or make the software or service available to third parties. Removing or altering origin indications is prohibited. Circumventing security is not permitted. Reverse engineering or decompilation is only permitted to the extent that mandatory law allows it and exclusively for that purpose.

Client content remains the property of the client. The client grants Direct Socials a limited right to use this content to the extent necessary for performing the service. The client guarantees authority and indemnifies Direct Socials against third-party claims. In case of violation of this article, Direct Socials may terminate the agreement immediately without refund and claim full compensation.

Article 13 – Force Majeure

Force majeure includes any circumstance beyond the will and control of Direct Socials that temporarily or permanently prevents performance, including disruptions or failures of external systems or connections, Instagram malfunction or restrictions, natural disasters, pandemics, government measures, war, riots, strikes, theft, sabotage, hacker attacks and failure of crucial personnel or third parties.

In case of force majeure, Direct Socials may suspend its obligations for the duration of the force majeure and is not liable for non-performance or delay. If force majeure lasts longer than sixty days, both parties may terminate in writing without compensation. Already delivered performances may be invoiced or retained pro rata. For prepaid services not yet performed, proportional restitution may take place, if applicable, with the exception of the first sixty days of force majeure. Parties inform each other as soon as possible and seek mitigation in good consultation.

Article 14 – Applicable Law and Disputes

Exclusively Dutch law applies. Parties try to resolve disputes first in mutual consultation or through mediation. If this fails, the dispute will be submitted to the competent Dutch court in the district where Direct Socials is statutorily established, currently Gelderland District Court. Direct Socials reserves the right to submit the dispute to the court competent according to law if that is a different court.

For consumers, mandatory legal provisions regarding competent court may differ. These rights remain unaffected. If desired, parties can agree in writing on arbitration or binding advice.

Article 15 – Amendment and Transfer

Direct Socials may unilaterally modify or supplement these general terms and conditions and will inform you in time, for example by email or via the website. Usually, changes take effect at least thirty days after announcement. If you continue using the service after the effective date, this is considered acceptance. Regularly consult the most recent version on our website.

Without prior written consent from Direct Socials, the client is not permitted to transfer rights or obligations to a third party. Direct Socials may transfer its business activities, including this agreement, in case of merger or acquisition, provided this does not affect guarantees and service.

Article 16 – Use of Service and Performed Actions

The client understands and accepts that Direct Socials performs automated actions on Instagram on behalf and in the name of the client, including liking, following and unfollowing, commenting and sending welcome messages or DMs. All actions performed through the service are deemed to have been done by or on behalf of the client. Direct Socials has no control over the specific accounts on or with which these actions take place and cannot influence this.

Direct Socials is not liable for the choice of accounts that are followed, unfollowed or liked, nor for the content, tone or consequences of posted comments or messages, third-party interpretation or any reputational damage, negative reactions or complaints arising from this. The client indemnifies Direct Socials against third-party claims related to this. The client remains responsible for Instagram content, interactions and settings made. Direct Socials does not monitor or filter content and only acts as technical executor of parameters set by the client.

Article 17 – Final Provisions

If any provision of these general terms and conditions proves to be void or unenforceable, the remaining provisions will remain in full force. In that case, parties will enter into good faith consultation to replace the provision in question with a valid provision that matches the intention of the original provision as closely as possible. Failure by Direct Socials to demand strict compliance does not constitute a waiver of rights. A declaration of waiver is only binding if made in writing.

For questions, comments or requests regarding these terms or our service, you can contact us at info@directsocials.nl. Using our service implies that you agree to both these general terms and conditions and our privacy policy. Thank you for your trust in Direct Socials. We are happy to help you.