Updated on 22.06.2022.

The following Terms and Conditions, along with the documents listed herein, defines the terms and conditions of using our Service by you (the service is defined below), and is a legally binding agreement between the User and Fusion Core Sp. z o.o.. In case you have any questions regarding the terms of service, please contact us at support@followyst.com.

Please be so kind as to carefully read these Fusion Core Sp. z o.o. terms of service prior to using the website and related applications. By getting access, browsing, or using the website and related apps in any other way:

a) the User confirms that they have read, understood, and that they agree to comply with these terms and conditions, regardless of whether they are acting on their own behalf (if they are acting as a natural person), or on behalf of a company or organization they represent;

b) the User confirms that they have read and understood these terms and conditions, and they agree to comply with them; if a user does not agree to comply with these terms of service, they cannot get access to, browse, or in any other way use the Services.

General provisions

1.1. The Website is available at the Internet address followyst.com or at related sites, and it is kept by Fusion Core Sp. z o.o., with its registered office in Bielsko-Biała, Poland, at the following address: Jaworowa 16/A23, postal code 43-300, 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, e-mail address: hello@followyst.com.

1.2. The following Terms and Conditions define the general terms and conditions, as well as the method in which the Services are provided by electronic means via the Website followyst.com, or via any related websites and Apps.

1.3. Definitions

a) Service Provider/We/Us – 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,

b) User – a person with an Account on the Service Provider’s Website and in App,

c) Consumer – a consumer as defined by the art. 221 of the Civil Code, i.e. a natural person having full capacity to enter into legal transactions, and in the cases provided for by the mandatory legislation also a natural person having limited capacity to enter into legal transactions, concluding a Contract with the Service Provider or utilizing other services provided by the Service Provider by electronic means within the scope unrelated directly to their business or professional activity,

d) Entrepreneur – an entrepreneur as defined by the art. 431 of the Civil Code, i.e. a natural person, a business entity or an organizational unit without legal personality, granted legal capacity by the act, conducting business or professional activity in their own name, concluding a Contract with the Service Provider or utilizing other services provided by the Service Provider by electronic means,

e) Website – the website managed by the Service Provider available at: https://followyst.com.

f) Mobile app – mobile application under the name Followyst, designed to be installed on the User’s mobile device with an Android 7 (or newer) operating system, via which the Service Provider provides services described in these Terms and Conditions,

g) App – an application provided by the Service Provider, including the Mobile app,

h) Services – All of the services provided electronically by the Service Provider on the Website and through Apps to the Users, based on these Terms and Conditions;

i) Account – a collection of data in the Service Provider’s computerized 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,

j) Registration – filling in the Registration Form and creating an Account,

k) Registration Form – a form made available to Users by the Service Provider for the purposes of Account creation,

l) Login Form – a form available on the Website and in the Apps enabling Users to log in to their Accounts,

m) Subscription – a paid Service provided by the Service Provider to the User via the App and the Website,

n) Price List – a document containing the description of the offer of the Service Provider, as well as a list of the rates and fees for the Subscription offered, which is simultaneously an integral part of the Terms and Conditions, and thus of the Agreement for the provision of services by electronic means,

o) Promotion – a time-limited discount for selected Services that may constitute the subject of the Agreement, or other benefits for Users relating to the concluded Agreement or managing one’s Account,

p) Trial Period – one-time and limited starting period, during which the User can use the App in a limited way free of charge,

q) Agreement – a distance contract, as understood by the Civil Code, concluded between the Service Provider and the User, via the Website or the App, in Polish, concerning provision of Services,

r) Proof of Purchase – an invoice, an accounting document, or any other proof that a payment has been made and confirming the conclusion of the Agreement,

s) IG 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,

t) Newsletter – a service provided by electronic means by the Service Provider on the basis of User consent, consisting of automatically sending important information concerning the Website, including marketing information, directly to the User’s email address,

u) Privacy Policy – a document available on the Website specifying the rules for personal data processing by the Service Provider within the Website and the app, serving as a means of fulfilling their obligation to provide information, as per the relevant personal data protection laws and regulations,

w) Terms of Conditions – these terms and conditions for the Website, as per art. 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means (i.e. Dz. U. 2019, items 123, 730),

y) Civil Code – the Act of 23 April 1964 – the Civil Code (i.e. Dz. U. 2019, items 1145, 1495),

1.4. The Services provided by the Service Provider by electronic means via the Website and the App consist of enabling Users to:

a) conclude Contracts as per these Terms and Conditions,

b) own and use the Account,

c) manage their Subscriptions on their Accounts,

d) download the App,

e) receive the Newsletter,

f) use other services available on the Website and in the App.

1.5. Notices, adverts, price lists and other information on Services available on the Website are to be treated as an invitation to conclude an Agreement, as per art. 71 of the Civil Code.

1.6. The Service Provider provides its services within and outside of the Republic of Poland.

1.7. The Service Provider maintains all due diligence when realizing concluded Agreement.

1.8. The Website and the App may feature Promotions, based on rules specified and published on the Website or in the App by the Service Provider.

1.9. The provisions of these Terms and Conditions are not meant to exclude or limit any rights of Users also being Consumers that they are entitled to as per the mandatory rules of law, including especially the Civil Code and the Act of 30 May 2014 on consumer rights (i.e. Dz. U. 2019, items 134, 730). Should any of the provisions of these Terms and Conditions not comply with the provisions of law specified in this point, these provisions shall take precedence.

1.10. Starting from 1 June 2020 – in cases of Entrepreneurs also being natural persons conducting business activity registered in the Polish Central Registration and Information on Business database (CEIDG), concluding Agreement related directly to their business activity, if the concluded Agreement specifies that it does not relate to their professional activity, especially resulting from the nature of their business activity as listed in the CEIDG database (based on the listed PKD identifiers) – the provisions of these Terms and Conditions applicable to Users also being Consumers are also applicable to such Entrepreneurs, with exclusion of the second sentence of art. 558.1 of the Civil Code. Starting from 1 June 2020, for Entrepreneurs as defined by this point, art. 563 and 567.2 of the Civil Code are also not applicable.

Account

2.1. To be able to use the Services, the User has to first Register through the Website or the App.

2.2. By completing Registration on the Website or through the App, the User declares that they are prepared to conclude an Agreement, and the personal data which they have provided is accurate and complete and does not infringe on any rights of any third parties. In case of any changes within this scope, the User should immediately notify the Service Provider of the above.

2.3. To correctly create an Account, it is necessary to provide the following data in the Registration Form:

a) name and surname,

b) email address,

c) password.

2.4. Upon completion of the Registration, the User should confirm the validity of the email address by following the instructions sent to the given email address by the Service Provider.

2.5. The Service Provider enables Users to access their Accounts through the Website and the App.

2.6. The User logs in via the Login Form, thereby gaining access to the Website or the App.

2.7. The User should download the App in order to have full access, as per chosen Subscription, to the Services provided by the Administrator

2.8. The Account is set up for an indefinite period; owning the Account incurs no financial obligations for the User against the Service Provider, unless the User chooses one of the available Subscription plans.

2.9. The User may at any time withdraw from the Services offered by the Service Provider. The Service Provider will delete the User’s Account on demand – the request can be sent to the following e-mail address: support@followyst.com.

2.10. The User is not allowed to share an Account with any third parties. The Service Provider reserves the right to delete the User’s Account if there is strong evidence the Account is being shared with third parties.

The type and scope of provided Services

3.1. The Service Provider 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.

3.2. The User may perform the following actions via the App:

a) Connect his IG Profiles with the Account,

b) Managing IG Profiles by designating actions to be undertaken on the selected IG Profile within the scope of the purchased Subscription.

Usage of the Website

4.1. For the purposes of proper realization of Services provided via the Website, one requires a computer with the following minimum specifications: 1.4 GHz processor, 4 GB RAM, a graphics card suitable for resolutions of 1024×768 and a 16-bit color palette, as well as a modern Internet browser (e.g. Microsoft Edge, Mozilla Firefox, Opera, Google Chrome, Safari, or others), a keyboard or another pointing device enabling users to fill out electronic forms, Internet connection of minimum 1 Mb/s download capacity and 256 kbit/s upload capacity, as well as an active email account.

4.2. The User is obliged to utilize the Website in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality, ensuring respect for individual and intellectual property rights of any third parties.

4.3. Users may only be persons of age or persons with limited capacity to enter legal transactions with consent from their statutory/legal guardian.

4.4. The Website is an open platform Users use with create and access to their Accounts.

4.5. Usage of the Website is not mandatory.

4.6. Users may not undertake actions that could affect correct functioning of the Website, specifically:

a) interfere with the content and the graphical elements of the Website,

b) place any illegal content on the Website,

c) enter any harmful data, especially malware, i.e. viruses, spyware, etc., onto the Website as a computerized system.

4.7. Before their first Account login and before using the Subscription functionality, Users are obliged to read and accept the Terms and Conditions as well as the Privacy Policy.

4.8. While using the Website, Users are obliged to enter true and factual information and data for the purposes of concluding and realizing the Agreement.

4.9. Sharing personal data of third parties via the Website is forbidden without prior consent of these third parties. For natural persons not having full capacity to enter into legal transactions, consent should be granted by their statutory or legal guardians.

4.10. All photographs and other materials (including especially texts, graphics and logotypes), considered works as per the Act of 4 February 1994 on copyright and related rights (i.e. Dz. U. 2019 r. items 1231, 2245), hereinafter referred to collectively as Materials, placed on the Website are owned by the Service Provider or have been used by the Service Provider with consent from the third party having relevant intellectual property rights to the Materials.

4.11. Users are forbidden from copying, modifying, publishing, reprinting, transmitting or using in any other way (including especially for marketing, trade or commercial purposes), of the Materials placed on the Website without prior written consent from the Service Provider or another person or third party having the relevant intellectual property rights to the Materials, with exception to usage of Materials within the scope of allowed use specified by provisions listed in the previous point.

4.12. Breaching the above listed provisions could constitute breaching the law, which in turn might constitute a basis for initiating civil or criminal proceedings against persons or entities involved in such practices.

4.13. Users are fully liable towards the Service Provider and other persons and third parties for any damages related to:

a) breaching any provisions of the law, including especially infringing on the rights of other persons or third parties and breaching the provisions of these Terms and Conditions,

b) incorrect or illegal usage of the Website, as well as for any technical issues related thereto, loss of data or other damages in the functioning of the Website, including especially undertaking actions specified in point 4 of this article.

4.14. User’s liability, as described in the previous point, encompasses both fixing the relevant damages for the Service Provider or other persons and third parties, and covering any additional expenses resulting from the given damage, including especially court fees, legal representation costs, execution proceedings costs or other justified expenses incurred by the Service Provider resulting from the damages or relating to claims made by other persons or third parties.

Usage of the Mobile App

5.1. The Service Provider makes the Mobile App available for free download.

5.2. The Mobile App may only be used by persons with Accounts.

5.3. User, in order to use provided Services, have to download the Mobile App onto their mobile device. For the Mobile App to function properly, the mobile device has to be equipped in Android 7 or newer.

5.4. In order to download and install the Mobile App, access to the Internet is required. Once installed, Users may log into the Mobile App with the same data that they use to log into their Accounts on the Website.

5.5. During the login, Users are obliged to read and accept the Terms and Conditions and the Privacy Policy.

5.6. In order to use the Mobile App, Users should configure their mobile device. To make the configuration process easier for the Users, the Service Provider has made relevant instructions available on the Website and in the Mobile App.

5.7. The number of simultaneous active installations of the Mobile App is specified in the Subscription plan.

5.8. For the Mobile App to function properly, the User’s mobile device must have working Internet connections.

5.9. Users have to log in to instagram.com on their mobile devices manually. The Mobile App does not in any way collect User login data for instagram.com.

5.10. The number of IG Profiles configured in the Mobile App is specified in the Subscription plan.

5.11. Users manually manage actions that are to be undertaken within the given IG Profile. The Service Provider shall only undertake actions specifically requested by the User.

5.12. Users are obliged to use the Mobile App in accordance with its purpose; specifically, Users are obliged to:

a) use the Mobile App in a manner that does not impede its correct functioning,

b) use the Mobile App in a manner compliant with any relevant mandatory rules of law,

c) not interfere with the Mobile App’s source code, especially in terms of forcing the Mobile App to perform unusual functions.

5.13. If a User breaches the obligations specified in points 13 a)-c), the Service Provider may suspend the User’s Account access, and in severe cases even delete the Account altogether.

5.14. Usage of the Mobile App is not mandatory. Users may delete it at any time.

Subscription and payments

6.1. Once a given Subscription plan is selected, an Agreement is implicitly concluded between the User and the Service Provider.

6.2. The Starter Plan comes with a one-time 7-day Trial Period.

6.3. The User may select one payment method out of those made available by the Service Provider.

6.4. The fee for each of the Subscription plans covers one month of Service provision. After that period the Subscription shall be automatically renewed for one subsequent month.

6.5. The User may use a discount code during checkout as part of a Promotion. The discount code may apply to the first or all the Subscription payments.

6.6. The User is informed about the amount due for the first and subsequent month of the Subscription before completing the purchase.

6.7. Users may at any time withdraw from their current Subscription plan, or change it to another plan.

6.8. Services under Subscription will begin within an hour of the successful payment.

6.9. The Service Provider reserves the right to cancel the given Subscription if the relevant fee has not been issued due to insufficient funds and if the User, despite being requested to issue the payment, does not do so within 7 days.

6.10. A User who is not a consumer within the meaning of the Act of 23 April 1964 – The Civil Code authorizes the Service Provider to issue invoices without the recipient’s signature.

6.11. Invoices are available through the Website and it is possible to download and print them. If the User wishes to receive a paper copy of the invoices, a written request is required to amend this paragraph.

Withdrawal from the Agreement

7.1. A User may withdraw from the Agreement at any time.

7.2. Users wishing to withdraw from maintaining an Account should contact the Service Provider at the email address: support@followyst.com

7.3. Users wishing to withdraw from their Subscription plan may do so via the Plans tab in their Account. In cases of technical issues it is also possible to file a declaration of withdrawal from the Agreement via email, by contacting the Administrator at the following email address: support@followyst.com

7.4. Users utilizing their right to withdraw from the Agreement are obliged to issue payments for the Services provided during the remaining Subscription time. The Agreement is terminated at the end of the purchased Subscription plan period.

7.5. Users withdrawing from the Agreement within 7 days of Subscription purchase or renewal may request a refund for the last successful payment. The refunded amount is transferred to the bank account or card of the User within 30 days of the withdrawal.

7.6. The User’s rights specified in this article do not in any way limit other rights that they are entitled to via other general rules of law.

Complaints

8.1. Should a User determine that the ordered Services are provided incorrectly, the User is obliged to inform the Service Provider of this suspicion.

8.2. The complaint should include: the User’s data, information on the provided Service and the date on which incorrect Service provision was determined, as well as the User’s requests relating to the complaint.

8.3. Complaints should be filed:

a) on paper – by traditional mail to the Administrator’s address: Fusion Core sp. z o.o., Jaworowa 16/A23, 43-300 Bielsko-Biała, Poland.

b) via e-mail – to the Administrator’s email address: support@followyst.com

8.4. If the complaint is found to not contain sufficient information, the Service Provider shall revert to the User and request additional data before responding.

8.5. The Service Provider is obliged to review complaints filed by Users also being Consumers or Entrepreneurs, as per art. 1.10 of the Terms and Conditions, who demanded removal of defects, within 14 days from the moment of filing them or correcting them by the User. Should the Service Provider not respond to the complaint within the above-mentioned period, it is assumed that the complaint is considered valid.

8.6. The Service Provider considers complaints about User’s Instagram results of using the Service as invalid.

Liability

9.1. Both the Service Provider and their suppliers do not guarantee that the Website and the Apps will be free of errors and that the access to it will be constant and uninterrupted.

9.2. In addition, the Service Provider is not liable for:

a) Any damage caused to third parties resulting from the Users using the Services in a manner not compliant with the Terms and Conditions or with the provisions of the law,

b) Any content made available by the Users, meaning content which violates the law or any legally protected third party rights,

c) The provision of false or incomplete data and information by the Users,

d) Non-compliance with the provisions of the Terms and Conditions on the part of the Users.

9.3. The Service Provider is not liable for any damage caused as a result of the User incorrectly using the Website and the App; in particular, for the disclosure of Account passwords, for any damage resulting from ceasing the provision of the Services and deleting the Account of a User violating the Terms and Conditions or the provisions of law.

9.4. The total amount of the liability of the Service Provider towards the User for any potential damage (damnum emergens) and for lost profits (lucrum cessans), is limited:

a) Up to the amount of remuneration the Service Provider has received from the User for the last 6 months in relation to the performance of the Agreement — if the total time of the provision of the Services exceeds 6 months;

b) Up to the amount of remuneration the Service provider has received from the User in relation to the performance of the Agreement — if the total time of the provision of the Services did not exceed 6 months.

9.5. The above does not apply to the User not being a consumer under the provisions of the Act of 23 April 1964 – The Civil Code.

9.6. Neither the Service Provider, nor the User are liable for damage or loss of data resulting from force majeure.

The Service Provider's Rights and Obligations

10.1. The Service Provider obliges to exercise due diligence when providing the Services.

10.2. The Service Provider reserves the right to introduce limitations on the use of the Website and Apps during periods of necessary maintenance work, work to improve the functionality of the Website and Apps, and work to improve its technical service. However, the Service Provider also obliges to make every effort to ensure that the above-mentioned breaks take place only during the night and are as brief as possible.

10.3. The Service Provider reserves the right to make changes to these Terms and Conditions. Any changes shall come into effect in the moment specified by the Service Provider, not sooner than within 7 days of them being announced. Any Services ordered before the aforementioned 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 these Terms and Conditions should cease their usage of the Website and Apps.

10.4. The Service Provider reserves the right to apply admonitions, temporarily suspend, and ultimately to delete the Accounts of Users who, even though they have been previously warned, break the provisions of the Terms and Conditions with their actions, hinder the use of the Website by other Users, or use the Services provided within the scope of the Website and Apps contrary to their intended purpose.

Personal Data Protection

11.1. The Service Provider is the Personal Data Controller for Users.

11.2. As the Personal Data Controller, the Service Provider 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 (General Data Protection Regulation), the Personal Data Protection Act of 10 May 2018 (i.e. Dz. U. 2019, item

1. and other relevant personal data protection laws.

11.3. All detailed information on personal data processing, including specific purposes and legal bases for processing and rights of Users as data subjects, can be found in the Privacy Policy.

11.4. User personal data is profiled, as per the GDPR, if the Service Provider undertakes actions on behalf of the User within the scope of the purchased Subscription, based on User’s preferences.

11.5. Users may consent to have their personal data processed by the Service Provider for the purposes of receiving the Newsletter to the specified e-mail address.

Final Provisions

12.1. 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 Terms and Conditions not comply with the above-mentioned rules of law, the rules of law shall take precedence.

12.2. Any disputes between the Parties will be settled amicably. However, if there is no possibility of settling a dispute amicably, the competent Court will be the local court for the seat of the Service Provider.

12.3. The above provision is not applicable to consumers under the provisions of the Act of 23 April 1964 – The Civil Code, where any disputes between the Parties will be settled amicably or in the presence of an independent and impartial mediator. However, in case it is not possible to settle the dispute amicably, this including via mediation, the jurisdiction of the Court will be determined on the basis of the provisions which are generally applicable in the Republic of Poland.

12.4. In any matters not covered by the Terms and Conditions, the relevant provisions of Polish law will be applicable; in particular, the Act of 23 April 1964 – The Civil Code, the Act of 18 July 2002 on providing services by electronic means, and the Act of 30 May 2014 on Consumer Rights, as well as any other relevant acts.

12.5. The Service Provider reserves, to the extent which is permissible in compliance with the applicable regulations, the right to make changes and modifications of the Terms and Conditions in case of the occurrence of significant reasons related to the technical or substantive aspect of the operation of the Website and Apps. The changes will be published on an ongoing basis on the Service Provider’s Website. The changes to the Terms and Conditions cannot breach the rights of the Users which the Service Provider has already acquired.