General Business Terms and Conditions of Followistic

This FOLLOWISTIC Terms of Service (also referred to “this agreement”) contains the terms and conditions related to the usage of our services (as defined below) and is an agreement between FOLLOWISTIC (also referred to as “FOLLOWISTIC,” “we,” “us,” “ourselves” or “our”) and our users or the entity that represents them (also referred to as “PUBLISHER”, “you” or “your”).

This agreement takes effect with your signature under clause 5.1.16. Therewith you confirm that you are lawfully allowed to enter into contracts (i.e. validating that you are not a minor). If you are entering into this agreement on behalf of an entity, such as the company you work for, this means that you have the legal authority to represent that entity.

  1. 1. The Use of our services

    1. 1.1. General

      You may access and use our services in accordance with this agreement and you will comply with the terms of this agreement and all FOLLOWISTIC rules and regulations applicable through the use of our Service Offerings.

    2. 1.2. Your Account

      To access our services, you must have a FOLLOWISTIC account associated with a valid email address and a valid form of payment.

    3. 1.3. Your Subscribers’ Account

      To access our services, your subscribers must have a FOLLOWISTIC account associated with a valid email address.

      In case you decide to deactivate your publisher account, this will prevent users to receive new content from you, but users will still be able to retrieve previous notifications and articles on tags, topics and authors they had subscribed to previously on your website and articles (if the website hasn't been deleted).

  2. 2. Changes in the terms and conditions

    1. 2.1.

      We reserve the right to make changes to this agreement, as well as discontinue or add Service Level agreement terms from time to time. In case of any occurring changes, we will notify you via email and share the new agreement terms on our website within 30 days prior to the changes becoming effective.

    2. 2.2.

      You have the obligation to keep your account data updated. We do not take responsibility in case our emails regarding updated Terms of Service do not reach you if you do not provide us with your correct, active email address. If you do not do so and we send the updated terms and conditions of this agreement to your invalid email previously provided, you agree to the changes of this agreement and therewith are obliged to respect them.

  3. 3. Our Services

    1. 3.1. Reader Subscription Service

      As a service provider, we offer your website visitors that have signed up to Followistic (also referred to as “Subscribers”), to subscribe to tags, categories and/or authors via the Followistic widget to receive notifications whenever a new article was published that relates to your subscribers’ preferred content.

      Technically, the Followistic widget is based on a script that you embed in your website. This way we source your content to our platform. Whenever you publish a new article, we process this information on the Followistic platform and send notifications about your content to those of your subscribers that signed up to that specific content. The number of subscriptions per subscriber is unlimited.

    2. 3.2. White Label Notifications

      "White Label" means that our notification service for your subscribers is not branded with Followistic but your own brand.

      Once subscribed to our services, your subscribers will then receive notifications when new articles are published on your website that fit the topics, categories and/or authors that the respective reader has subscribed to. Subscribers can set the frequency of notifications received and manage their preferences in their personal area.

    3. 3.3. Analytics Dashboard

      We allow you to track your subscribers’ behavior in your personal Followistic dashboard. This allows you to track what tags, categories and authors your subscribers signed up to be notified about, as well as the number of notifications sent, opening rate, click-through rate, social share rate, among other statistics.

    4. 3.4. Third-Party Data Processing

      In order to provide you the services stated in this agreement, we use several third party services. Some of which are hosted on US servers and comply to the EU-US Privacy Shield Framework. This guarantees that data is treated securely and in accordance with EU accepted principles. By accepting this agreement you explicitly authorize the transfer of your data and your subscribers’ data to our processors.

    5. 3.5. Additional Note

      We reserve the right to expand and improve our services at any time. No claim exists to the offering of additional functionalities via the services described between point 5.1.3.1. up to point 5.1.3.3.

  4. 4. Responsible Use of Account Access Data

    1. 4.1.

      The login data (email and password) provided for usage purposes shall be kept confidential and cannot be made available to unauthorized parties under any circumstances.

    2. 4.2.

      Moreover, you must ensure that the access to your personal Followistic account and therewith the access to your user data are undertaken exclusively by yourself. In case that factual circumstances exist that substantiate the assumption that unauthorized third parties have acquired knowledge, or will acquire knowledge, of your access data, you are obliged to notify Followistic promptly, by contacting [email protected].

    3. 4.3.

      You will be held accountable in accordance to applicable law for the misuse of your access data or for any other unlawful activity performed during the use of our services.

  5. 5. Your General Obligations

    1. 5.1.

      You are obliged to provide us only with truthful information about you and your business. Furthermore, you are responsible for all acts that may occur based on your activity on our platform.

    2. 5.2.

      As the controller of your subscribers’ data, you are obliged to notify them about their data being processed by a third party.

    3. 5.3.

      You are responsible to ensure that the data you use on the Followistic platform does not violate third-party rights, particularly brand or trademark rights.

  6. 6. Availability of the Services

    1. 6.1.

      For our fee-based services, we shall guarantee the availability of the services in our sphere of responsibility of 99% on a yearly average.

    2. 6.2.

      The regular maintenance windows can be up to two hours per week and, as a rule, are implemented between 0:00 a.m. and 6:00 a.m. Western European Time. This is not included in the calculation of the system availability.

  7. 7. Responsibility for Contents

    1. 7.1.

      You shall be solely responsible for the content you publish on your website.

    2. 7.2.

      Despite Followistic being responsible for sending white label notifications to your subscribers, only you are responsible for the information your subscribers receive.

    3. 7.3.

      We shall have no influence on the content you publish and shall undertake no control over them. However, in the event that we receive complaints about or otherwise become aware of illegal usage, we reserve the right to make corresponding controls and, where applicable, to also undertake blocks insofar as the usage violates applicable law or this agreement’s terms and conditions.

    4. 7.4.

      By integrating our script into your website, you are granting us the right to use your content for as long as it takes to fulfill the services contracted and regulated in this agreement.

    5. 7.5.

      You are solely responsible for the development, content, operation, maintenance, and use of your content.

    6. 7.6.

      You hereby declare and guarantee that if you are not the author and the sole holder of all rights to the contents which you have published on your website, you are otherwise entitled (e.g. through a valid approval granted by the holder of the rights) to publish the content on your website.

  8. 8. Forbidden Actions

    1. 8.1.

      When using our services, you are forbidden to take any action that violates applicable law, third-party rights or the principles of protecting the welfare of minors or children. In particular, the following actions:

      • The publishing, dissemination, offering and advertising of contents, services and/or products which are pornographic, violate laws to protect the welfare of minors and children, data protection law and/or any other law and/or fraudulent content;
      • The use of contents which offend or defame third parties;
      • The use, supply, and dissemination of content, services and/or products that are legally protected or encumbered with third-party rights (such as copyright) without being expressly entitled to do so.
    2. 8.2.

      Moreover, independent of any legal violation that is committed during the usage of our services, the following activities are forbidden:

      • The dissemination of viruses, Trojan viruses, and other damaging files;
      • Sending junk or spam emails as well as chain letters;
      • The dissemination of salacious, indecent, sexually suggestive, obscene or defamatory contents and/or communication, as well as such contents and/or communication which is/are suitable for promoting and/or supporting racism, fanaticism, hate, physical violence or illegal actions (regardless of whether they are explicit or implicit);
    3. 8.3.

      Any action which is suitable for restricting the seamless operation of our services – particularly placing excessive workloads on our systems is likewise forbidden.

  9. 9. Blocking Access

    1. 9.1.

      We may temporarily or permanently block the use of our services if concrete indications exist that you are violating, or have violated this agreement’s Terms and Conditions, clause 8 Forbidden Actions, and/or applicable laws.

    2. 9.2.

      In case of payment failure that occurs 3 times without payment success, meaning that we will not be able to charge you for the fee-based services we provide to you, we will send you 3 warnings to pay the outstanding amount. If then, you still have not settled the open charges, we will temporarily block your Followistic account. In consequence, this prevents you from accessing our services until the outstanding fees have been settled. You then no longer have access to your account or any of your subscribers’ data that Followistic processed for you.

    3. 9.3.

      In case you will not settle the open fees within a period of 90 days and your account stays inactive, we will flag your account to be deleted after an inactive period of 1 year. You then no longer have access to your account or any of your subscribers’ data that Followistic processed for you.

  10. 10. Indemnification

    1. 10.1.

      Upon our initial request, you shall indemnify us from all claims which third parties assert against us as the service provider, as a result of your violation of legal directives, third-party rights (particularly personal rights, copyrights and trademark rights) or your failure to fulfill contractual obligations, assurances or guarantees including the costs for the required legal defense (attorneys’ fees and court costs in the statutorily prescribed amount).

    2. 10.2.

      In the event that claims are asserted in accordance with sub-clause 5.1.10.1, you shall be obliged to cooperate, promptly and fully, in the clarification of the factual set of circumstances and to provide us with the required information in a suitable manner.

  11. 11. Fees & Payment

    1. 11.1.

      We calculate and bill fees on a monthly basis (where the start date is not necessarily the first of the month).

    2. 11.2.

      You agree to pay the applicable fees for the services we provide to you, as described on the Followistic website, using one of the payment methods we support. All payable fees under this agreement will be paid without setoff or counterclaim and without any deduction or withholding.

    3. 11.3.

      Fees and charges for any new services or new features of an existing service will be effective when we post updated information about fees for respective services on the Followistic website unless we expressly state otherwise in a dedicated notification.

    4. 11.4.

      When you reach the maximum number of subscribers within your current payment plan, you will receive an email notification informing you that a plan update will be due soon. If you actually reach the maximum number of subscribers for your current plan, you expressly accept the automatic upgrade to the next service plan (that is in accordance with your subscriber number) and the charges that apply to it. The upgrade of the subscription plan and respective fees will be effective from the time onwards that your subscribers outnumber your current plan. This means your monthly fee is not necessarily due on every 1st of every month but rather on the date of the automated plan upgrade. In order to charge you with the respective fee that applies for the services we provide for you, you shall be obliged to have a valid payment method in place. Otherwise, the actions described in clause 9 will apply.

    5. 11.5.

      You’ll be notified at least 30 days prior to any increase in or addition of fees and charges for existing services you are using.

    6. 11.6.

      Each entity will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this agreement.

  12. 12. Contractual Term & Termination

    1. 12.1.

      The contractual agreement runs for an indeterminate period of time.

    2. 12.2.

      You have the right to terminate the contract at any time, with the termination to become effective at the end of the respective payment month, without being required to state reasons for doing so.

    3. 12.3.

      The termination of the contract must be declared by email to [email protected].

    4. 12.4.

      Any remaining claims that Followistic holds against you (i.e. open charges) shall remain unaffected.

    5. 12.5.

      We have the right to terminate the contractual agreement by giving notice one month prior to the termination date. The termination of the contract becomes effective at the end of the respective month.

  13. 13. E-Mail Notifications

    1. 13.1.

      In order to provide you with the best services, we must be able to send you emails.

    2. 13.2.

      Therefore, it is your obligation to keep your email address updated at all times. Please ensure that the email address you provide is correct and can be contacted, or else it will be your responsibility in case we cannot contact you and due to that cannot fulfill our services.

  14. 14. Data Protection

    1. 14.1.

      Followistic complies to General Data Protection Regulation (GDPR) and treats your data according to GDPR principles and in order to guarantee the exercise of your rights.

    2. 14.2.

      We shall ensure that your personal data is collected, saved and processed only insofar as this is required for the rendering of the contractual services, billing purposes, the fulfilling of legal obligations and when a legitimate interest of Followistic is in order to be fulfilled.

    3. 14.3.

      We shall keep personal data safe and confidential as well as handle it in accordance with the provisions of GDPR and will not pass it on to third parties insofar as this is not required for the fulfillment of the contractual obligations and/or a legal obligation exists to disclose them to third parties.

    4. 14.4.

      In the event that, when using our services, declarations of consent under data protection law are obtained from you, reference shall be made to the fact that you may revoke it at any time with validity for the future.

    5. 14.5.

      You expressly authorize us to transfer your data to third parties inside and outside the EU to fulfill our part of this agreement.

    6. 14.6.

      Any additional notes about data protection and the purpose, type, and scope of the collection, processing, and use of personal data can be found in the Data Protection Declaration which can be accessed at any time by clicking on the “Privacy Policy” link.

  15. Final provisions

    1. 15.1.

      This agreement incorporates the Policies by reference and represents one entire agreement covering all pillars related to the subject matter of this agreement.

    2. 15.2.

      This agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications, whether written or verbal, regarding the subject matter of this agreement.

    3. 15.3.

      We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this agreement (whether or not it would materially alter this agreement) including for example, any terms, condition or other provision (1) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (2) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (3) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.

    4. 15.4.

      Followistic and our partners/affiliates will not be liable for any delay or failure to perform any obligation under this agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

    5. 15.5.

      The law of the Portuguese Republic shall be valid whereby the validity of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

    6. 15.6.

      All communications and notices made or given pursuant to this agreement must be in the English language. If we provide a translation of the English language version of this agreement, the English language version of the agreement will control if there is any conflict.