ARTICLE 1: GENERAL PROVISIONS

  1. These Terms and Conditions are applicable to services provided by the Administrator via the Followyst App.
  2. Definitions:
    1. App – a hybrid application under the name Followyst, designed to be installed on the User’s computer with a Windows 7 operating system (or newer), or a macOS, via which the Administrator provides services described in these Terms and Conditions,
    2. Administrator – the company Fusion Core sp. z o.o., with registered office at the following address: Jaworowa 16/A23, 43-300 Bielsko-Biała, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Bielsko-Biała, VIII Commercial Division of the National Court Register, under KRS number: 0000835142, Tax ID (NIP): PL5472218186, REGON: 38583370100000,
    3. User – a person with an Account on the Administrator’s Website and the App downloaded onto their computer.  
    4. Login Form – the form necessary for the purposes of logging into the App. 
    5. Website – the website managed by the Administrator available at: https://followyst.com/, via which Users may download the App. 
    6. Account – a collection of data in the Administrator’s computerised system, marked by User’s individual name (login) and password, containing User’s data, specifically relating to ordered Services; an Account is necessary for the purposes of using the Website and the App. 
    7. Contract – a Service Contract for services provided by the Administrator via the App – concluded between the Administrator and the User, for an indefinite period, in Polish, as per provisions contained in the App Terms and Conditions,
    8. Service – services provided by the Administrator via the App.
    9. Subscription – a paid Service provided by the Administrator to the User via the App,
    10. Profile – User’s account on the platform instagram.com, connected to the App, on which actions performed within the scope of purchased Subscription are to be undertaken,
    11. App Terms and Conditions — these Terms and Conditions specifying the rules of using the App;
  3. These Terms and Conditions are made available free of charge via the App, allowing for their downloading, saving and printing, so that they are freely accessible to everyone.

ARTICLE 2: TYPE AND SCOPE OF PROVIDED SERVICES

  1. The Administrator provides services to the User via the App; specifically, in terms of undertaking actions on behalf of the User within the scope of purchased Subscription.
  2. The User may perform the following actions via the App:
    1. creating their Profile (connecting their instagram.com account),
    2. managing Profiles by designating actions to be undertaken on the selected Profile within the scope of purchased subscription.

ARTICLE 3: USAGE OF THE APP

  1. The Administrator makes the App available for free download.
  2. The App may only be used by persons with Accounts on the Website.
  3. Users, in order to use provided Services, have to download the App onto their computers. For the App to function properly, the computers have to be equipped with a Windows 7 (or newer) or a macOS operating systems. The User’s computer must also have valid Java software installed.
  4. In order to download and install the App, access to the Internet is required. Once installed, Users may log into the App with the same data that they use to log into their Accounts on the Website.
  5. During the first login, Users are obliged to read and accept the App Terms and Conditions and the Privacy Policy.
  6. In order to use the App, Users should configure their computers with a mobile device; The mobile device must be equipped with an Android 6.0 operating system, or newer. To make the configuration process easier for the Users, the Administrator has made relevant instructions available on the Website.
  7. Users may configure the App with any number of mobile devices. The number of devices that may be used simultaneously is specified in the Subscription plan.
  8. For the App to function properly, the User’s computer and mobile devices must have working Internet connections. Moreover, Users are required to log in to instagram.com on their mobile devices.
  9. Users have to log in to instagram.com on their mobile devices manually, the App does not in any way collect User login data for instagram.com.
  10. Once the relevant mobile device is configured with the computer and the User has logged in to instagram.com, the App may be used.
  11. The number of Profiles that Users may create via the App is unlimited.
  12. Users manually manage actions that are to be undertaken within the given Profile. The Administrator shall only undertake actions specifically requested by the User.
  13. Users are obliged to use the App in accordance with its purpose; specifically, Users are obliged to:
    1. use the App in a manner that does not impede its correct functioning,
    2. use the App in a manner compliant with any relevant mandatory rules of law
    3. not interfere with the App’s source code, especially in terms of forcing the App to perform unusual functions.
  14. If a User breaches the obligations specified in points 13 a)-c), the Administrator may suspend the User’s Account access, and in severe cases even delete the Account altogether.
  15. Usage of the App is not mandatory – Users may delete it at any time.

ARTICLE 4: FUNCTIONALITY OF THE APP

  1. The primary functionality of the App is centred around undertaking actions by the Administrator within the scope of the purchased Subscription.
  2. Users themselves determine which actions should be undertake by the Administrator.
  3. Action categories available for selection by the Users depend on the type of the purchased Subscription.
  4. Users may manage their Subscriptions via the Website.
  5. Any questions or remarks regarding the App functionality should be sent to the e-mail address support@followyst.com.

ARTICLE 5: PERSONAL DATA PROTECTION

  1. The Administrator is the Personal Data Controller for Users.
  2. As the Personal Data Controller, the Administrator shall process the Participants’ personal data in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/WE (GDPR), the Personal Data Protection Act of 10 May 2018 (i.e. Dz. U. 2019, item 1781) and other relevant personal data protection laws.
  3. User personal data is processed for the purposes of performing duties resulting from the Contract specified within these App Terms and Conditions. Detailed information on User personal data processing, including information on their rights, can be found in the Privacy Policy.
  4. User personal data is profiled, as per the GDPR, if the Administrator undertakes actions on behalf of the User within the scope of the purchased Subscription, based on User’s preferences.

ARTICLE 6 FINAL PROVISIONS

  1. The Administrator reserves the right to introduce limitations to the usability of the App caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Administrator is obligated to limit the above mentioned technical breaks to night time and to have them last as briefly as possible.
  2. The Administrator reserves the right to make changes to these App Terms and Conditions. Any changes shall come into effect in the moment specified by the Administrator, not sooner than within 7 days of them being announced. Any Services ordered before the afore mentioned changes are introduced shall be processed based on the rules and provisions valid at the time of the order. Users that do not agree to changes introduced in the App Terms and Conditions should cease their usage of the App.
  3. The provisions of these App Terms and Conditions are not aiming at waiving or limiting any of the rights of the User being a consumer as per the Civil Code of 23 April 1964 (Dz. U. 2019, items 1145, 1495), that they are entitled to as per the mandatory rules of law. Should any of the provisions of these App Terms and Conditions not comply with the above mentioned rules of law, the rules of law shall take precedence.
  4. Any conflicts between the Administrator and the User – provided they both agree thereto – shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator. The User may file for amicable resolution at the Permanent Consumer Arbitration Court or file a request to the relevant Regional Inspectorate for Trade Inspection.
  5. Any detailed information, contract details, and lists of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. The User may also file their complaint via the European Union’s ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.
  6. Should amicable solution prove to be impossible, the conflict shall be resolved by the court of competent jurisdiction as per the registered address of the Administrator (i.e. the court in Bielsko-Biała), and for conflicts with Users also being consumers it shall be the court relevant as per the general rules and principles.
  7. Any matters not regulated by these App Terms and Conditions shall be regulated by the relevant provisions of the common law, including especially the Civil Code, the Consumer Rights Act, the Act on Copyright and Related Rights, and personal data protection provisions.
  8. The Terms and Conditions and in force starting on 08.05.2020.
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