Terms and Conditions

1 Acceptance of Terms

Welcome to HeySMMReseller.com (the "Service"), operated by HeyTech Digital B.V., a company duly registered in the Netherlands under Chamber of Commerce (KvK) number 98246437.

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and all applicable laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), the Digital Services Act (DSA), and Dutch consumer protection laws.

If you do not agree with any part of these Terms, you must immediately discontinue use of the Service.

2 Modification of Terms

HeyTech Digital B.V. reserves the right to modify, amend, or update these Terms at any time to reflect changes in our services, legal requirements, or business practices.

Notice of Changes: In compliance with EU consumer protection regulations, we will provide you with reasonable notice of any material changes to these Terms. Notice will be provided through:

• Prominent notification on the Service at least 30 days before changes take effect
• Email notification to your registered email address (if you have an account)
• Update to the "Last Updated" date at the top of this document

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must cease using the Service and may request account deletion and any applicable refunds in accordance with Section 8.

3 Description of Services

HeySMMReseller.com operates as an online marketplace platform that connects users with third-party service providers offering social media marketing services, including but not limited to followers, likes, views, comments, and other engagement metrics for various social media platforms.

Important Notice: The services offered through our platform are provided by independent third-party vendors. HeyTech Digital B.V. acts solely as an intermediary marketplace platform and reseller, facilitating transactions between users and service providers.

Service Characteristics:

• Delivery times, quality, and results may vary depending on the third-party provider
• Services are subject to the terms of service and policies of the respective social media platforms
• HeyTech Digital B.V. does not guarantee specific outcomes or results from purchased services
• Users are responsible for ensuring their use of services complies with platform-specific rules and regulations

4 Marketplace Role and Third-Party Provider Disclaimer

HeyTech Digital B.V. operates exclusively as a marketplace and reseller platform. We act as an intermediary between users and independent third-party service providers who fulfill the orders placed through our platform.

4.1 Nature of Our Role

We provide the technological infrastructure and platform to facilitate transactions, but we do not:

• Directly create, generate, or deliver the social media engagement services (followers, likes, views, comments, etc.)
• Control the methods, quality, or timing of service delivery by third-party providers
• Have direct relationships with the accounts, profiles, or individuals providing engagement
• Verify the authenticity, legitimacy, or compliance of third-party provider methods

4.2 Disclaimer of Responsibility for Third-Party Content and Actions

IMPORTANT: HeyTech Digital B.V. expressly disclaims any responsibility or liability for:

• Harmful, Offensive, or Inappropriate Content: Any comments, messages, content, or interactions generated by third-party service providers or their networks that contain harmful, offensive, abusive, discriminatory, illegal, or otherwise inappropriate material
• Unwanted Followers or Engagement: The quality, characteristics, behavior, or intentions of accounts that follow, like, comment, or otherwise engage with your content as a result of purchased services
• Spam or Bot Activity: Any automated, inauthentic, or spam-like behavior from accounts associated with delivered services
• Platform Violations: Any violations of social media platform terms of service, community guidelines, or policies resulting from the methods used by third-party providers
• Account Actions: Any actions taken by social media platforms against your account, including but not limited to warnings, restrictions, suspensions, or permanent bans
• Third-Party Provider Actions: Any illegal, unethical, or harmful practices employed by third-party service providers

4.3 User Acknowledgment

By using our Service, you explicitly acknowledge and agree that:

• You understand that HeyTech Digital B.V. is a marketplace platform and not the provider of the underlying services
• You assume all risks associated with purchasing and using social media engagement services
• You will not hold HeyTech Digital B.V. liable for any negative consequences, damages, or losses resulting from third-party provider actions or service delivery
• You are solely responsible for monitoring your social media accounts and managing any unwanted engagement or content
• We do not endorse, support, or condone any harmful, offensive, or illegal actions that may occur through third-party service delivery

4.4 Reporting Mechanism

If you experience harmful content, inappropriate engagement, or other concerns related to services purchased through our platform, please contact us immediately at contact@heysmmreseller.com. While we cannot control third-party provider actions, we will:

• Investigate reports of harmful or inappropriate service delivery
• Consider removing problematic service providers from our platform
• Provide reasonable assistance within the scope of our marketplace role

However, we cannot guarantee resolution of issues arising from third-party provider actions, and we maintain no liability for such issues.

5 Eligibility and Age Requirements

To use the Service, you must:

• Be at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into binding contracts under applicable law
• Not be prohibited from using the Service under any applicable laws or regulations
• Provide accurate, current, and complete information during registration

If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

EU Users: If you are a consumer residing in the European Union, you are entitled to additional protections under EU consumer law, including withdrawal rights as described in Section 8.

6 Account Registration and Security

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, truthful, and complete registration information
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Immediately notify us of any unauthorized access or security breaches
• Accept responsibility for all activities that occur under your account

HeyTech Digital B.V. reserves the right to refuse registration, suspend, or terminate accounts that violate these Terms or applicable laws.

Data Protection: Your personal data will be processed in accordance with our Privacy Policy and GDPR requirements. You have the right to access, rectify, erase, restrict processing, data portability, and object to processing of your personal data as detailed in Section 11.

7 Payment Terms and Pricing

All prices displayed on HeySMMReseller.com are in the currency specified at the time of purchase and include applicable Value Added Tax (VAT) where required by law.

7.1 Payment Processing

• Payment must be made in full before service delivery begins
• We accept payment methods as displayed on our platform
• All transactions are processed securely through certified payment processors
• You authorize us to charge the payment method provided for all purchases

7.2 Pricing and Invoicing

• Prices are subject to change without prior notice, but changes will not affect orders already placed
• For EU B2B transactions: VAT will be applied unless a valid EU VAT number is provided
• Electronic invoices will be provided in accordance with EU invoicing requirements
• All invoices will clearly state: company details, VAT number, itemized services, prices including/excluding VAT, and payment terms

7.3 Currency and Exchange Rates

If you make a purchase in a currency other than Euro (EUR), the exchange rate applied will be determined by your payment provider or financial institution. HeyTech Digital B.V. is not responsible for currency conversion fees or fluctuations.

8 Refund Policy and EU Consumer Rights

8.1 EU Consumer Right of Withdrawal

For EU Consumers: In accordance with EU Consumer Rights Directive (2011/83/EU), you have the right to withdraw from your purchase within 14 days without giving any reason.

The withdrawal period will expire 14 days from the day of purchase. However, please note:

• Important Exception: The right of withdrawal does not apply to digital content or services if performance has begun with your express consent and acknowledgment that you lose your right of withdrawal once service delivery starts
• If service delivery has already commenced, you acknowledge that you have explicitly requested immediate performance and understand that you thereby forfeit your right of withdrawal
• To exercise your right of withdrawal before service delivery, you must inform us of your decision by sending a clear statement to contact@heysmmreseller.com

8.2 Standard Withdrawal/Refund Model

You can use the following model withdrawal form (though you are not obliged to use it):

8.3 Refund Processing

• If you validly exercise your right of withdrawal, we will reimburse all payments received from you without undue delay and in any event not later than 14 days from the day we receive notification of your withdrawal
• Refunds will be processed using the same payment method you used for the original transaction, unless you expressly agree otherwise
• You will not incur any fees as a result of the refund

8.4 Service Quality Refunds

Outside the statutory withdrawal period, refunds may be considered on a case-by-case basis if:

• Services were not delivered as described due to technical failures on our platform
• There was a clear error in order processing attributable to HeyTech Digital B.V.
• Services were materially different from what was advertised on our platform

Important: Refunds are not available for issues arising from third-party provider performance, social media platform actions, account suspensions, or user violations of platform terms of service. As stated in Section 4, we operate as a marketplace and cannot control third-party provider methods or outcomes.

8.5 Non-EU Consumers

For users outside the European Union, refund requests will be evaluated in accordance with Dutch consumer protection laws and handled on a case-by-case basis. All refund requests must be submitted in writing to contact@heysmmreseller.com.

9 User Conduct and Prohibited Activities

You agree to use the Service only for lawful purposes and in compliance with these Terms. You explicitly agree NOT to:

• Violate any applicable local, national, EU, or international laws or regulations
• Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Use the Service to transmit or distribute any harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content
• Engage in any activity that disrupts or interferes with the proper functioning of the Service or its servers
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or computer systems
• Use the Service to engage in fraud, money laundering, or other financial crimes
• Violate the General Data Protection Regulation (GDPR) or other data protection laws
• Engage in activities that violate social media platform terms of service in ways that could result in legal liability
• Use the Service to spread misinformation, hate speech, or content that incites violence or discrimination
• Misrepresent purchased engagement as organic, genuine user interaction in violation of consumer protection laws or FTC guidelines (see Section 10)

HeyTech Digital B.V. reserves the right to investigate violations and cooperate with law enforcement authorities when illegal activity is suspected.

10 FTC Guidelines and Transparency Requirements

10.1 Compliance with FTC Regulations

HeyTech Digital B.V. adheres to the Federal Trade Commission's (FTC) guidelines for advertising and transparency, particularly regarding the prohibition of fake reviews, testimonials, and misleading endorsements.

In August 2024, the FTC announced a final rule banning fake reviews and testimonials, which prohibits businesses and individuals from engaging in deceptive practices related to consumer reviews and endorsements. This rule can be reviewed at:

https://www.ftc.gov/news-events/news/press-releases/2024/08/federal-trade-commission-announces-final-rule-banning-fake-reviews-testimonials

10.2 Prohibited Deceptive Practices

We do not support, encourage, or condone misleading or deceptive practices, including but not limited to:

• Misrepresenting purchased followers, likes, views, or other engagement metrics as organic, genuine user engagement
• Creating or distributing fake reviews, testimonials, or endorsements
• Presenting artificial engagement as authentic consumer opinions or experiences
• Using purchased engagement to materially mislead consumers about the popularity, credibility, or support for a product, service, or brand
• Violating disclosure requirements when material connections exist between endorsers and brands

10.3 User Obligations

By using our Service, you explicitly agree to:

• Comply with all FTC guidelines and regulations regarding advertising, endorsements, and consumer reviews
• Not engage in any deceptive practices, including misrepresenting artificial engagement as genuine user interaction
• Make appropriate disclosures when required by law or FTC guidelines
• Use purchased services in a manner that does not violate consumer protection laws or regulations
• Accept full responsibility for how you use and represent engagement metrics obtained through our Service

10.4 Disclaimer of Liability

You acknowledge and agree that you are solely responsible for ensuring your use of purchased services complies with FTC guidelines and all applicable laws. HeyTech Digital B.V., as a marketplace platform, provides tools and services but does not control how you use them or represent the engagement you receive.

HeyTech Digital B.V. expressly disclaims any liability for your misuse of services or violation of FTC regulations. You agree to indemnify and hold harmless HeyTech Digital B.V. from any claims, penalties, or legal actions arising from your non-compliance with FTC guidelines.

10.5 Reporting Violations

If you become aware of any users engaging in deceptive practices or violating FTC guidelines through our platform, please report such activity to contact@heysmmreseller.com. We take these matters seriously and will investigate reported violations.

11 Data Protection and GDPR Compliance

11.1 Data Controller Information

HeyTech Digital B.V. is the data controller for personal data collected through HeySMMReseller.com. Our contact details are provided in Section 17.

11.2 Legal Basis for Processing

We process your personal data on the following legal bases under GDPR Article 6:

• Contractual Necessity: Processing necessary to perform our contract with you (account management, service delivery, payment processing)
• Legal Obligation: Processing required to comply with legal obligations (tax, accounting, anti-money laundering laws)
• Legitimate Interest: Processing necessary for our legitimate business interests (fraud prevention, service improvement, security)
• Consent: Processing based on your explicit consent for marketing communications or optional features

11.3 Your Rights Under GDPR

As a data subject under GDPR, you have the following rights:

• Right of Access (Article 15): Obtain confirmation of whether we process your data and receive a copy of your personal data
• Right to Rectification (Article 16): Request correction of inaccurate or incomplete personal data
• Right to Erasure (Article 17): Request deletion of your personal data under certain circumstances ("right to be forgotten")
• Right to Restriction (Article 18): Request limitation of processing under certain conditions
• Right to Data Portability (Article 20): Receive your personal data in a structured, commonly used, machine-readable format
• Right to Object (Article 21): Object to processing based on legitimate interests or for direct marketing purposes
• Right to Withdraw Consent: Withdraw consent at any time where processing is based on consent
• Right to Lodge a Complaint: File a complaint with your national data protection authority

11.4 Exercising Your Rights

To exercise any of your rights, please contact us at contact@heysmmreseller.com with "GDPR Request" in the subject line. We will respond to your request within one month, as required by GDPR Article 12.

11.5 Data Retention

We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. Specific retention periods are detailed in our Privacy Policy.

11.6 International Data Transfers

If we transfer personal data outside the European Economic Area (EEA), we ensure appropriate safeguards are in place, such as Standard Contractual Clauses approved by the European Commission, to protect your data in accordance with GDPR Chapter V.

11.7 Data Protection Officer

For data protection inquiries, you can contact our data protection representative at contact@heysmmreseller.com.

11.8 Supervisory Authority

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens) is our lead supervisory authority. You have the right to lodge a complaint with them or your local data protection authority.

Autoriteit Persoonsgegevens
Postbus 93374
2509 AJ Den Haag
Netherlands
Website: autoriteitpersoonsgegevens.nl

12 Intellectual Property Rights

All content and materials available on HeySMMReseller.com, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the overall "look and feel" of the website, are the property of HeyTech Digital B.V. or its licensors and are protected under Dutch and international copyright, trademark, and other intellectual property laws.

Restrictions: You may not, without our prior written permission:

• Copy, reproduce, modify, adapt, translate, publish, display, or distribute any content from the Service
• Create derivative works based on the Service or its content
• Reverse engineer, decompile, or disassemble any software or technology used in the Service
• Remove or modify any copyright, trademark, or other proprietary notices
• Use our trademarks, service marks, or logos in any manner that could cause confusion

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal or internal business purposes.

13 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

The Service is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, whether express, implied, or statutory. HeyTech Digital B.V. specifically disclaims all implied warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of content or services provided through the platform
• Warranties regarding the quality, timing, or results of services delivered by third-party providers

Third-Party Services: As stated in Section 4, we operate as a marketplace connecting users with third-party service providers. We make no warranties or representations regarding the services provided by these third parties, including their legality, quality, reliability, or compliance with platform terms of service.

EU Consumer Notice: Nothing in this Section affects your statutory rights as a consumer under mandatory EU consumer protection laws. Mandatory statutory rights cannot be excluded or limited by these Terms.

14 Limitation of Liability

14.1 General Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

In no event shall HeyTech Digital B.V., its directors, officers, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Service interruptions or system failures
• Cost of substitute services
• Any damages arising from third-party service provider actions, content, or service delivery
• Any damages resulting from social media platform actions, including account restrictions, suspensions, or terminations
• Any damages arising from unauthorized access to your account or data

14.2 Marketplace Liability Limitations

As a marketplace platform, HeyTech Digital B.V. shall not be liable for:

• The quality, safety, legality, or any other aspect of services provided by third-party providers
• Harmful, offensive, inappropriate, or illegal content or actions originating from third-party service providers or their networks
• Violations of social media platform terms of service by third-party providers
• Failure of third-party providers to deliver services as described
• Disputes between users and third-party service providers

14.3 Maximum Liability Cap

Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the Service shall not exceed the total amount paid by you to HeyTech Digital B.V. in the twelve (12) months immediately preceding the event giving rise to the liability, or €100 (whichever is greater).

14.4 Exceptions to Limitations

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation by HeyTech Digital B.V.
• Any liability that cannot be excluded or limited under applicable law
• Gross negligence or willful misconduct by HeyTech Digital B.V.

14.5 EU Consumer Protection

For EU Consumers: These liability limitations apply to the fullest extent permitted under mandatory EU consumer protection laws. Nothing in this Section affects your statutory rights as a consumer, including rights under EU consumer law that cannot be contractually waived or limited.

14.6 Indemnification

You agree to indemnify, defend, and hold harmless HeyTech Digital B.V., its affiliates, and its respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your violation of social media platform terms of service
• Your violation of FTC guidelines or consumer protection laws
• Any content or information you provide through the Service

15 Digital Services Act (DSA) Compliance

15.1 Platform Transparency

In compliance with the EU Digital Services Act (Regulation 2022/2065), HeyTech Digital B.V. operates as an intermediary service provider connecting users with third-party service providers.

15.2 Notice and Action Mechanism

If you believe that content or services available through our platform are illegal or violate your rights, you may submit a notice to contact@heysmmreseller.com. Your notice should include:

• A sufficiently substantiated explanation of why you allege the content/service is illegal
• Your contact information
• Specific identification of the content or service in question
• A statement of good faith belief that the complaint is accurate

We will process notices expeditiously and inform you of our decision.

15.3 Statement of Reasons

If we take action against your content or restrict your access to the Service, we will provide you with a clear and specific statement of reasons, unless prohibited by law or to prevent abuse.

15.4 Internal Complaint Handling

You may submit complaints about content moderation decisions to contact@heysmmreseller.com. We will process complaints in a timely, non-discriminatory, and objective manner.

15.5 Out-of-Court Dispute Settlement

You may access out-of-court dispute settlement mechanisms certified by the European Commission for resolving disputes related to our services. Information about certified bodies is available at: https://ec.europa.eu/consumers/odr

15.6 Transparency Reporting

We publish transparency reports in accordance with DSA Article 15, detailing content moderation activities, complaints received, and actions taken.

16 Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any disputes arising from or relating to your use of the Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

For EU Consumers: Nothing in this Section deprives you of the protection afforded by mandatory provisions of the law of the country in which you are resident, in accordance with EU Regulation 593/2008 (Rome I).

16.2 Jurisdiction

Subject to the provisions below regarding EU consumer rights, the courts of Utrecht, Netherlands shall have exclusive jurisdiction over any disputes arising from these Terms.

For EU Consumers: You may bring proceedings in either:

• The courts of the Netherlands, or
• The courts of the EU member state in which you are domiciled

HeyTech Digital B.V. may only bring proceedings against EU consumers in the courts of the member state in which the consumer is domiciled.

16.3 Dispute Resolution Process

Before initiating formal legal proceedings, we encourage you to contact us at contact@heysmmreseller.com to seek an amicable resolution. We commit to engaging in good faith negotiations to resolve disputes.

16.4 Alternative Dispute Resolution (ADR)

For EU Consumers: You have the right to access alternative dispute resolution procedures:

• Online Dispute Resolution (ODR): The European Commission provides an ODR platform at https://ec.europa.eu/consumers/odr
• Consumer Dispute Resolution Bodies: You may submit disputes to qualified consumer dispute resolution bodies in your country

We are willing to participate in alternative dispute resolution procedures but are not obligated to do so unless required by law.

16.5 Arbitration (Non-Consumer Disputes)

For disputes with business users (non-consumers), if resolution cannot be reached through good faith negotiation, either party may submit the dispute to binding arbitration under the rules of the Netherlands Arbitration Institute (NAI), provided both parties agree to arbitration in writing.

16.6 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

EU Consumer Exception: This waiver does not apply to EU consumers where collective redress mechanisms are available under national law.

16.7 Limitation Period

Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, unless a longer period is required by mandatory law.

17 Contact Information

18 General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features of the Service, constitute the entire agreement between you and HeyTech Digital B.V. regarding your use of the Service.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment in violation of this provision shall be null and void.

18.5 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

18.6 Force Majeure

HeyTech Digital B.V. shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Language

These Terms are drafted in English. Translations may be provided for convenience, but the English version shall prevail in case of any discrepancies or disputes regarding interpretation.

18.8 Acknowledgment

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.