Effectiveness date: [November 2020]

General

The present Terms and Conditions explain the conditions and rules that govern the download, register, log in and use of the mobile application: Who Follows (hereinafter, “the app”), which is owned and operated by Onworld Digital Corporation SL , a private company holding TAX ID number B67451419, and its registered office at  Av. Litoral nº 12-14, Planta 5, 08005 Barcelona and contact email: info@who-followed.app (hereinafter, “the/our Company”), “we”, “us”, “our”). The app is not affiliated with any social media platforms or any other third parties.

The download, registration, log in and/or use of the app attributes the status of User to the person accessing the app and implies full acceptance of the present Terms and Conditions (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms and Conditions, please do not carry out any of the aforementioned actions.

The Company reserves the right to update these Terms and Conditions, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. Therefore, we recommend the User periodically reviews the applicable Terms and Conditions. 

The Company reserves the right to suspend and block or eliminate the access of a User to the app in the event that he/she breaches any part of these Terms and Conditions.

The nullity, total or partial, of any of the provisions of these Terms and Conditions by any judicial decision will not affect the validity of the other provisions.

For any doubt or question related to these Terms and Conditions, please contact us by email: info@who-followed.app.

About the app’s functionalities 

Who Follows offers “social media activity reports” that let the User obtain detailed analytics about his/her social media profiles. In this regard, the app provides the User with information regarding his/her profile, followers and/or contacts, average likes, etc that let the User get the most from their social media profiles.

Moreover, the Company reserves the right to update features and/or functionalities of the app at any time. Please refer to the “Updates” section of these Terms and Conditions.

Access and use of the App

The app is available for Android and for IOS operating systems and devices, and is currently accessible in English, Spanish, German, French, Portuguese, Russian, Korean, Turkish and Arabic. 

The User can download, register, log in and/or use the app, provided that the User is 14 years of age or older, and/or the User is an adult according to the laws and regulations of his/her country of birth or residence.

The download, registration and/or access of the app is free of charge, but to use certain functionalities, which are premium services, the User must choose and pay according to one of the options offered. Please refer to the “Subscription to Premium Services and payment” section of these Terms and Conditions. 

In the application itself, and at all times, the User will be informed about which functionalities are free and which are paid for.

Once the User has paid for the subscription to a premium service, the User will automatically be conferred with the status of Customer (hereinafter, the “customer/s”). Such status implies full acceptance of the present Terms and Conditions and, in particular, abides with the costs of our Service option or subscription premium service. For further information, check our “Costs'' section.

We do our best so that the app is available at all times for the User and to maintain a safe and error-free environment. However, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for external reasons beyond our reasonable control.

We do not specify that the app will be available worldwide. We may limit the availability of the app and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the app from an unauthorized location is entirely at User’s own risk and responsibility.

Data protection

The personal data collected for the provision of the services offered through this app, as well as those obtained from your interaction with the app will be processed in accordance with our Privacy and Cookie Policy.

Likewise, the User is informed that the appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality, integrity, availability, and security of the personal data processed.

Updates

The Company may add, modify or eliminate features and/or functionalities at any time, which are accepted by the User  on the installation of the app. In any case, when making such changes, the User will be notified through the same app.

If a new version of the app is launched or if new features and/or functionalities are added, we may ask you to update the app on your mobile phone. Likewise, we may show the User (and invite them to read) a new updated version of these Terms and Conditions before using the new version of the app. By logging in and/or using the new version of the app, the User clearly states he/she has read, understood and accepted the new Terms and Conditions shown.

User’s commitments (Code of conduct)

By using the app, the User agrees to (including but not limited to):

• not to impersonate another individual or create a user account on behalf of a third person (unless you have their express written permission);

• not to  request, collect or use login credentials of other individuals;

•  not to use a domain name or URL in the user registration data;

• not to use the information in the app to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes;

• not take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the app;

• not insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this app, especially its source code. Likewise, the User agrees to not reverse engineer  the software to discover the app’s source code and/or to scrape or extract technical data from our app;

• not to transfer the license granted to download, access and use the app and/or any of his/her rights or obligations under these Terms and Conditions without the express written consent of the Company.  

• not infringe the intellectual property or other rights (trademarks, trade secret, etc) of the Company or third parties.  

The Company makes no warranties regarding the User behavior and will not be held responsible in this regard. The User is individually and solely responsible for his/her actions, before the Company and/or third parties, for damages caused by the inappropriate behavior. 

The Company reserves the right to block or eliminate access to the app to Users for the aforementioned actions as well as any other that are contrary to good faith or that harm the rights of third parties and/or that infringe the laws and regulations applicable to the app and/or the Company. 

Moreover, the Company, in its sole discretion, may eliminate access to the app to a User at any time without stating the reasons behind its decision. 

Subscription to Premium Services and payment  

The users have the option to use the paid features and/or functionalities that the app offers, which are the “premium services”. If the users decide to use them, by accessing a specific section of the app, they will be able to consult at all times the corresponding prices for those services.

Moreover, it must be highlighted that users will be able to choose at their convenience, how they want to be invoiced for the use of the app's premium service, which can be: weekly, monthly or yearly.

The premium service selected and its price will be also shown in the checkout page before confirming the payment. The fee will be charged to the debit/credit card associated with your Apple or Google Play user account.  

Please be informed that if the User changes their settings in his/her Apple or Google Play user account, depending on the country selected, the notified fees may vary. Each country has its own fees.

A confirmation email will be sent to Customers with the details of payment. Additionally, Customers can check the cost of it in their invoice.

The premium service selected by the User will be automatically renewed at the end of the service period if the User does not cancel it (To avoid the charges, the User must cancel at least 24 hours before the end date of the current service period). The renewal will be for the same fixed-term period. Please refer to the “Cancellation and Refund Policy” section of these Terms and Conditions.

The premium services fees may be updated from time-to-time and they will be effective immediately at the same time that they are published on the app. The updated fees are not retroactive and therefore will not affect Customers who have already paid for a plan before the update. 

Refund policy 

Refund requests will be exclusively handled, in first instance, by Apple or Google Play in accordance with its own rules and regulations. Only in exceptional and in particular circumstances, pointed out by Apple or Google Play, the Company will attend refund requests, contacting by email: info@who-followed.app

On one hand, uninstalling the app, in general terms, does not automatically stop the premium service selected. To cancel a subscription, the User should directly visit AppStore or Google Play Store from his/her Android) or IOS Phone or tablet and select the "Subscriptions" section from the menu, click on the "Cancel Subscription" button and follow the on-screen instructions. 

On the other hand, if the User desires to stop the premium services option selected and, where appropriate, makes a refund request, you shall contact Apple and/or Google Play support for it. Please note that it's Apple and/or Google Play’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve them or deny them and to handle them support within the process. Moreover, they will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084, and for Google Play: https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=en-GB.   

Technical means for correcting errors

If users and/or customers detect an error, or if their personal data or any information provided by them is not exact, correct or completed, must amend it by accessing their Apple or Google Play user account directly. 

Likewise, if customers detect an error in the charges made by the Merchant of Records on their bank statement for the costs of the Services options or premium service chosen, they also must directly contact Apple or Google Play. 

Intellectual Property Rights 

The totality of the elements contained within this app, whether it be texts, articles, descriptions, images, graphics, sounds, videos, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or the partners of the Company with whom we have submitted the corresponding licenses. All the elements of the present app are protected by industrial and intellectual property rights that must be respected by the User. This is made explicit via the copyright notice in the app’s main menu.

The download, registration and/or  use of the app does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a limited, nonexclusive, non assignable, non-sublicensable, revocable license to access and use the app for his/her personal use. However, such a license does not give the User the right to:

• Reproduce, copy, distribute, publicly communicate or display, transform or, in general,  make use of any of the protected elements of this app for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.

• Use of the features and functionalities offered by the app for other purposes other than those set out in these Terms and Conditions.

• Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this app, especially its source code.

Moreover, note that the Company reserves all intellectual property rights that are not expressly indicated in these Terms and Conditions and that correspond to us in accordance with the currently applicable laws and regulations. 

The Company reserves the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that it will be considered appropriate for the best defense of its legitimate rights and interests, in the event of an infringement of its intellectual property rights.

Exemption of Liability 

The Company makes its best efforts to ensure the availability of the app and safe usage of it.  However, the download, registration and/or use of the app may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the app will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Therefore, the app is provided “as is” without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download, registration and/or use of the app is at the User’s own risk and responsibility. 

Neither the Company nor its partners, suppliers, employees or representatives will consequently, be liable for any error or omission on the app or if the content and information provided by the app is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Likewise, the Company will not assume any responsibility for:

• Access to this website by Users under forteen (14) years old or under the required legal age according to the laws and regulations of his/her birth or residence country, being the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

• The User has provided personal data and/or credentials of third parties without having their prior written consent to do so. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.

• The inaccuracy or misstatement of the “social media activity reports” offered by the app, as well as the content of the reports depends on the privacy setting of the User in his/her social media accounts and/or the correct functioning of the platform at the time the report is requested.

• The User shares the “social media activity reports” offered by the app with third parties.

• The User breaches his/her commitments and/or any other provision set out in these Terms and Conditions.

Applicable law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the currently applicable Spanish law. Any action arising out of or relating to these Terms and Conditions shall be filed only in courts or arbitration tribunals located in Spain and you hereby consent and submit to the personal jurisdiction of such courts or arbitration tribunals for the purpose of litigating or mediating any such action or proceeding.

In case of controversy or disagreement between the user and the Company arising from these Terms and Conditions, both parties agree to submit their disputes through binding arbitration. The Parties, at their own free will, expressly waive any other jurisdiction to which they may be entitled to under international private law principles, to the competent Courts and Tribunals of Barcelona - Spain. 

The non-exercise by the Company of any right provided or derived from these Terms and Conditions shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the applicable current law or regulation.