These Terms of Service ("Terms") govern your access to and use of the website, applications, and Instagram automation services (collectively, the "Service") provided by Folowups, Inc. ("Folowups," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Service. When you create an account, you agree to provide accurate information and to keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized use.
2. Description of the Service
Folowups lets you automate interactions on connected Instagram Business or Creator accounts — including comment-to-DM automation, story reply automation, an AI-powered DM responder, a unified inbox, content scheduling, and analytics. The Service operates through Meta's official Instagram Graph API. We may add, modify, or remove features at any time.
3. Connecting Instagram and Third-Party Platforms
To use the Service, you must connect one or more Instagram accounts through Meta's official OAuth flow. Your use of Instagram and any connected platforms (such as Shopify, Stripe, Klaviyo, HubSpot, Calendly, or Zapier) is also governed by those platforms' own terms and policies, including the Instagram Terms of Use and Meta Platform Terms. You are solely responsible for ensuring your use of automation complies with those platforms' rules. We may suspend features if a connected platform changes or restricts its API.
4. Acceptable Use
You agree that you will not, and will not permit others to:
- Send spam, unsolicited bulk messages, or content that violates Instagram or Meta policies.
- Use the Service to harass, deceive, defraud, or harm any person.
- Distribute malware, phishing links, or unlawful, infringing, or deceptive content.
- Attempt to circumvent rate limits, security measures, or the official API in any way.
- Reverse engineer, resell, or sublicense the Service except as expressly permitted (e.g., agency white-label features).
- Use the Service in violation of any applicable law or regulation, including marketing, privacy, and anti-spam laws.
You are solely responsible for the content of the messages and automations you configure, and for obtaining any consents required to message your audience. We may suspend or terminate accounts that violate this section or that put your or our access to Meta APIs at risk.
5. Plans, Billing, and Free Trial
- Free trial — paid plans include a 14-day free trial that does not require a credit card. At the end of the trial, you may choose a paid plan to continue.
- Subscriptions — paid plans are billed monthly or annually in advance through our payment processor. Fees are non-refundable except where required by law.
- Renewals — subscriptions renew automatically until cancelled. You can cancel anytime; cancellation takes effect at the end of the current billing period.
- Changes — we may change pricing with notice. Price changes apply to the next billing cycle after notice is given.
- Taxes — fees are exclusive of taxes, which you are responsible for where applicable.
6. Your Content and License
You retain all rights to the content, templates, and data you provide ("Your Content"). You grant Folowups a worldwide, non-exclusive license to host, process, and transmit Your Content solely to operate and improve the Service for you. You represent that you have all rights necessary to provide Your Content and to authorize the automations you configure.
7. Intellectual Property
The Service, including its software, design, and trademarks, is owned by Folowups and protected by intellectual property laws. These Terms do not grant you any right to our trademarks or branding except as needed to use the Service. We may use aggregated, anonymized usage data to improve the Service.
8. Privacy
Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.
9. Third-Party Services
The Service may link to or integrate with third-party services. We are not responsible for the content, policies, or practices of third parties. Your use of those services is at your own risk and subject to their terms.
10. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will achieve any particular result, including specific follower, engagement, or revenue outcomes. Performance figures shown on our website are illustrative and not guarantees.
11. Limitation of Liability
To the maximum extent permitted by law, Folowups and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or business interruption, arising out of or related to your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold harmless Folowups and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, Your Content, or your violation of these Terms or any law or third-party rights.
13. Suspension and Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms, fail to pay fees, or if your use risks our compliance with Meta or other platform requirements. Upon termination, your right to use the Service ends, and we will handle your data as described in our Privacy Policy.
14. Changes to These Terms
We may update these Terms from time to time. When changes are material, we will notify you by email or through the Service and update the "Last updated" date above. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
15. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction, except where applicable law provides otherwise.
16. Contact Us
Questions about these Terms? Contact us at [email protected].