Please review these terms (the “Agreement”) carefully. By accessing or using the Self-Serve Services offered by Shottalks (“Shottalks”, “we”, “us” or “our”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time as set out in Section 40 below. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: , though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Self-Serve Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.
This Agreement applies to our “Self-Serve Services”, which are services that you access or purchase through our website or mobile applications (this does not include Shottalks. By using the Self-Serve Services, you confirm that:
1. You will only use the Self-Serve Services for leisure, social, business and professional reasons and not for individual purposes you will enjoy
2. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
3 You accept and will comply with this Agreement;
4. If you are using the Self-Serve Services as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
5. You are responsible for anyone that uses the Self-Serve Services through your account, such as your employees, consultants or contractors (“Authorized Users”).
6. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
Ads Content” is Customer Content that you or your Authorized Users provide in connection with your creation, posting, or management of paid advertisements on a Social Network.
“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on the Self-Serve Services.
“Customer Content” is Content that you or your Authorized Users provide to us, or upload to the Self-Serve Services.
“Third Party Content” or “Mentions” are any Content that a third party (in other words, someone other than you, your Authorized Users or Hootsuite) creates (or otherwise originating from or belonging to a third party) and that we obtain from Social Networks or other Third-Party Services. For example, without limitation, (a) Mentions includes posts created by your followers that appear on your Facebook page; and (b) Third-Party Content includes Content obtained from Third-Party Services as part of an analysis or query conducted by you via a social listening feature of the Self-Serve Services.
“Self-Serve Services” means our websites, such as shottalks.com (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications, but do not include (a) Shottalks.com, which are governed by different terms; or (b) Third-Party Services (see below for how we define those) that you access or use in connection with our services.
“Third-Party Services” are services that are not provided by Shottalks but that you may access or use in connection with the Self-Serve Services. They include, without limitation, the “Social Networks”, which are the social networking sites supported by the Self-Serve Services (such as X (formerly Twitter), Facebook, LinkedIn and Instagram), any extensions and applications available in the Hootsuite App Directory (; and any other third parties from which we obtain, collect and process Mentions and/or Third-Party Content.
“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Self-Serve Services. For the avoidance of doubt, if you are accessing and using the Self-Serve Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Self-Serve Services on behalf of.
Shottalks & Self-Serve Services
√2. Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Self-Serve Services in the way set out in the plan you subscribed to. You may not use or access the Self-Serve Services in any other way, such as using robots, spiders, crawlers and scraping technologies.
3. The Self-Serve Services evolve constantly. We may change the Self-Serve Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of the Self-Serve Services.
4. The Self-Serve Services interact with Third-Party Services and depend on the availability of those Third-Party Services and the features, functionality and Third-Party Content they make available to us, which we do not control and may change without notice. If at any time a Third-Party Service stops making some or all of its features,functionality or Third-Party Content available to us, or available to us on reasonable terms as determined at any time by Hootsuite in its sole discretion (each an “Third-Party Services Change”), we may at any time at our sole discretion stop providing access to those features,functionality or Third-Party Content and we will not be liable to you or any third party for any such change.
Acceptable Use Rules
5. You and any Authorized Users using your account must comply with the all our acceptable rules (including, without limitation, prohibiting use of the Enterprise Services for law enforcement, surveillance, tracking, etc. as further described in Section 2.1 of the Acceptable Use Rules) and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Self-Serve Services.
Customer Content
6. You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.
Submitted Content
7. If you use the Self-Serve Services for contests or otherwise ask people to submit Content through the Self-Serve Services (“Submitted Content”), you acknowledge and agree that:
(A) the Self-Serve Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
(B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Self-Serve Services is accurate or complete.
Account Information
8. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
Content and Third-Party Services
9. Shottalks are not responsible for Content provided by others, including Mentions and Content from Third-Party Services (such as Content from Social Networks and Content in apps from the App Directory). You and anyone else who accesses the Self-Serve Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you for any third party for Content provided by others.
10. If you access or purchase a Third-Party Service through the Self-Serve Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.
11. If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.
12. When you access the App Directory and install or use one or more apps available there, you also agree to all of its terms
13. We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
14. If you use the Self-Serve Services to create and manage Ads Content on any Social Network, the Ads Terms published at also apply to and govern that use.
Privacy & Data Protection.
15. We may process certain information about you and individuals associated with you, such as your employees, in connection with your use of the Self-Serve Services. This includes account information, usage data, and customer support questions as further described in our privacy policy (shottalks) If your use of the Self-Serve Services requires a Data Processing Addendum (“DPA”) with Hootsuite, you may enter into a DPA by visiting to access a pre-signed DPA. Once we receive your signed DPA, this becomes legally binding and forms a part of this Agreement.
Confidentiality
16. If we share non-public information about Hootsuite or the Self-Serve Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
Intellectual Property
17. Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Self-Serve Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
18. Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Hootsuite a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
19. Self-Serve Services. We keep all rights and interests in the Self-Serve Services. The Self-Serve Services contain Content owned or licensed by Hootsuite (“Our Content”). Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Hootsuite, we own and retain all rights in the Self-Serve Services and in any Shottalks Content.
Payment Terms, Trials and Renewal
20. Fees and Trials. You must pay all fees for the Self-Serve Services you purchase, except for Self-Serve Services that we expressly offer free of charge. If you sign up for a free trial of a paid Self-Serve Service, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free service and uninstall any paid apps before the end of the free-trial period.
21. Paid Services. Shottalks making payments apply to your purchase of any paid Self-Serve Services.
22. Auto-Renewal of Self-Serve Services. Self-Serve Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased the Self-Serve Services), and we will automatically bill you on renewal unless you cancel or downgrade the Self-Serve Services under Section 24 below.
23. Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.