General Terms and Contiditions of Services
# General Terms and Conditions of Service
## Table of Contents
1. Complete agreement
2. Service offer content
3. Service duration and termination
4. Order
5. Payment and electronic signature
6. Order confirmation
7. Transaction proof
8. Service information
9. Prices
10. Payment terms and deadlines
11. Deadlines and execution suspension
12. Execution delay
13. Service Provider obligations
14. Client obligations
15. Confidentiality
16. Intellectual property
17. Liability
17 bis. Liability for automated interactions and targeting
18. Relations with Instagram and TikTok
19. Platform developments and digital force majeure
20. Compliance – Hidden defects
21. Complaints
22. Right of withdrawal
23. Personal data
24. Assignment and subcontracting
25. Force majeure
26. Modifications
27. Partial nullity
28. No waiver
29. Contract termination
30. Applicable law
31. Disputes
32. Non-competition and reverse engineering prohibition
33. Affiliate program
---
## Preamble
**Follows**, a company under Swiss law with its headquarters at Cours des Bastions 13, c/o ExpertFid & Audit SA, 1205 Geneva, Switzerland (hereinafter "**the Service Provider**"), is a professional entity whose activity consists of increasing the number of followers and visibility of its Clients on the social networks Instagram and TikTok, notably through automation of interactions and optimization of visibility strategies on these platforms (hereinafter "**the Solution**").
Follows' Clients are natural or legal persons acting for professional or commercial purposes.
The Service Provider and the Client are collectively referred to as "**the Parties**".
The terms "**Platforms**" refer to Instagram and TikTok collectively or individually depending on the context.
---
## Article 1 – Complete agreement
The Client declares having read and accepted without reservation these general terms and conditions of service before any order. They express the entirety of the Parties' obligations and remain applicable throughout the duration of their relationship. They constitute the exclusive basis of the commercial relationship and prevail over any other document, including the Client's general purchasing conditions.
The Service Provider reserves the right to occasionally modify these conditions. They are accessible upon request and accepted by the Client before any order.
The Service Provider may agree to specific conditions expressly negotiated with the Client or establish specific conditions by Client category.
---
## Article 2 – Service offer content
### 2.1 Service offers
The prices below are given as an indication, based on the Swiss market. The exact rate may vary according to the Client's country, the currency used, the chosen platform (Instagram and/or TikTok) or specific needs. **Final prices will always be confirmed in writing before any subscription.**
These general conditions govern the rights and obligations of the Parties within the framework of services sold online by the Service Provider.
The Service Provider may offer personalized rates, particularly for long-term commitments or multi-platform services. Acceptance of these GTC constitutes acceptance of the specific conditions mentioned in the offer transmitted to the Client.
Offer names may change without affecting the agreed services and pricing.
#### **Offer: Discovery Pack**
**Objective:** Attract real followers from the Client's target audience on Instagram and/or TikTok.
- 1 month without commitment (automatic renewal) : from 385 CHF (or equivalent)
- 3 months with commitment (automatic renewal) : from 350 CHF/month (or equivalent)
- 6 months with commitment (automatic renewal) : from 315 CHF/month (or equivalent)
#### **Offer: Professional Pack**
**Objective:** Growth + welcome messages to new followers on Instagram and/or TikTok.
- 1 month without commitment (automatic renewal) : from 485 CHF (or equivalent)
- 3 months with commitment (automatic renewal) : from 450 CHF/month (or equivalent)
- 6 months with commitment (automatic renewal) : from 415 CHF/month (or equivalent)
#### **Offer: Secret Formula Pack – Instagram and TikTok Support**
The Client chooses one of two non-cumulative options:
**Option 1 – Targeted growth + content creation**
- Growth strategy with real followers
- 4 personalized content/month included (Instagram posts and/or TikTok videos according to chosen platform)
- Rate: from 1,150 CHF/month (or equivalent) (automatic renewal)
- Additional content: 200 CHF/content
- Included: 2 correction rounds, royalty-free visuals/elements (paid visuals or music to be provided by Client)
- **Usage rights:** content is licensed for exclusive use on the Client's Instagram and/or TikTok accounts during the subscription period. Any reuse elsewhere requires written authorization.
**Option 2 – Ambassador Method**
Use of ambassador accounts to boost visibility on Instagram and/or TikTok (minimum 3-month commitment):
- XS (50 accounts): from 1,000 CHF/month (automatic renewal)
- Basic (100 accounts): from 1,500 CHF/month (automatic renewal)
### 2.2 Support
Requests can be sent to: **support@follows.ch**
---
## Article 3 – Service duration and termination
### 3.1 Subscription duration
The Solution is offered as monthly, quarterly, semi-annual or annual subscriptions, depending on the chosen offer.
### 3.2 Termination conditions
All subscriptions automatically renew for the same duration unless terminated at least fifteen (15) days before the renewal date.
​
**Termination deadline:**
To avoid automatic renewal and billing, termination must be requested at least 15 calendar days before your subscription renewal date. For example, if your subscription renews on the 25th of the month, you must submit your termination request by the 10th of that month at the latest.
​
**If termination is requested after this 15-day deadline, the subscription will automatically renew and the next period remains due**
​
**Termination process:**
- Submit termination request via Client Portal or support@follows.ch
- Complete the unsubscription form provided by the Service Provider
- Termination is effective only after receipt of the completed form
​
**For commitment periods (3 or 6 months):**
Early termination during the initial commitment period is not permitted except for serious breach by either Party.
​
Follows reserves the right to improve this process to make it simpler or automated in the future, without this opening any retroactivity rights on past unsubscriptions.
### 3.3 Unilateral termination by Follows
The Service Provider may terminate the Client's subscription at any time, at its sole discretion. No compensation will be due, except refund prorated for unused days already paid — except if termination is due to a violation of Client obligations, in which case no refund will be granted.
---
## Article 4 – Order
Orders are placed online, by phone or email, and require acceptance of these GTC.
The Client must specify:
- The chosen offer
- The platform(s) concerned (Instagram and/or TikTok)
- The subscription duration
In case of incomplete or incorrect data (invalid payment, wrong credentials), the Service Provider reserves the right to block or cancel the order.
**Important:** Invalid or outdated payment data may result in collection procedures. It is the Client's responsibility to keep their information up to date.
The service is deemed delivered and active as soon as the Client's account(s) are technically integrated and automation is launched. This activation may occur without explicit notification and constitutes proof of execution.
---
## Article 5 – Payment and electronic signature
Payments are made via secure SSL and 3D Secure systems. Final order confirmation constitutes consent and contractual signature.
Any fraudulent use of payment data falls under the Client's banking contract. The Client undertakes to immediately report any misuse to **support@follows.ch**
---
## Article 6 – Order confirmation
A confirmation email is sent to the Client before service start.
---
## Article 7 – Transaction proof
The Service Provider's electronic records constitute proof of communications, payments and transactions made. All invoices and orders are archived on durable media.
---
## Article 8 – Service information
Services are described on the Service Provider's website and are provided subject to availability. Any error or omission in this description cannot engage the Service Provider's liability.
---
## Article 9 – Prices
### 9.1 Calculation
Unless otherwise indicated, prices are those in effect on the order date. Applicable VAT is added where appropriate. Any delay or unforeseen problem may give rise to additional fees, subject to prior information.
### 9.2 Discounts
Applicable discounts are those in effect on the order date.
### 9.3 Late payment penalties
Any payment delay incurs a penalty equivalent to three (3) times the legal interest rate. Fixed costs of 40 CHF may be added. The Service Provider reserves the right to suspend services until full payment is received.
### 9.4 Refunds
**No refund will be granted once payment is made**, except in case of proven technical malfunction or error attributable to the Service Provider, at its sole discretion.
In this case, Stripe transaction fees (approximately 2.9% + 0.30 CHF) will be deducted from the refunded amount.
**No refund will be granted** in case of non-use, partial use or early termination of services by the Client.
---
## Article 10 – Payment terms and deadlines
### 10.1 Payment
Payment is required before service start, by credit card or automatic debit. The Client undertakes to provide valid and up-to-date banking details. In case of payment default, the Service Provider reserves the right to suspend the order or service.
In certain cases, identity or residence proof may be required. The order will only be validated after receipt and verification of these documents.
### 10.2 Payment delay
In case of delay, the service is immediately suspended and the entire remaining amount due becomes payable without prejudice to any other action.
In case of persistent non-payment (confirmed non-payment after planned collection attempts and unanswered reminders), the Service Provider reserves the right to mandate an external collection company, to which personal data strictly necessary for debt recovery may be transmitted.
---
## Article 11 – Deadlines and execution suspension
The service begins in principle within **six (6) working days** from order confirmation and payment. Launch generally occurs within **48 hours**.
The Service Provider reserves the right to temporarily suspend the service in the following cases:
- Planned maintenance
- Payment delay or failure
- Suspicion of risky or non-compliant activity
- Temporary or permanent unavailability of one of the Platforms
- Modifications to Platform terms of use incompatible with the Solution
---
## Article 12 – Execution delay
No compensation will be due in case of delay. In case of Service Provider unavailability, the Client may cancel the order and request a refund within **thirty (30) days** following payment.
---
## Article 13 – Service Provider obligations
### 13.1 Best efforts obligation
The Service Provider undertakes to execute services in accordance with professional standards, **without guaranteeing a result in number of followers or revenue**. Performance indicators may be transmitted as part of reporting.
### 13.2 Client consent and risk acknowledgment
> **CRITICAL RISK WARNING**
>
> The Client understands and accepts that use of the Solution may be perceived by Instagram and/or TikTok as automated behavior, **resulting in temporary blocking or permanent deletion of their account(s)**, without the Service Provider's liability being engaged.
**Required best practices:**
The Client undertakes to follow best practices recommended by the Service Provider, including notably:
**For Instagram:**
- Not using other automation tools in parallel
- Not buying fake followers or fake interactions
- Using only one mobile connection
- Not exceeding Instagram interaction thresholds
**For TikTok:**
- Respecting platform-specific interaction limits
- Not using other TikTok automation services simultaneously
- Maintaining consistent connection behavior
- Respecting platform algorithms and recommendations
**Additional risk factors:**
The Service Provider cannot be held responsible for consequences related to prior misuse of accounts (fake followers, copyright violations, pre-existing sanctions, etc.).
The Client acknowledges that use of the Solution may result in temporary or permanent measures from Instagram and/or TikTok, such as:
- Action blocks
- Content restrictions
- Shadowban
- Reach limitation
- Temporary or permanent account deactivation
**These consequences, beyond the Service Provider's control, cannot constitute grounds for refund or compensation.**
> **TikTok-specific risks**
>
> The Client expressly acknowledges that TikTok presents particular risks related to:
> - Rapid and unpredictable evolution of its algorithms
> - Frequent modifications to its terms of use
> - Variable geographic restrictions according to jurisdictions
> - Potentially stricter suspensions than on Instagram
**The Client remains solely responsible for compliance with Instagram, TikTok and any third-party platform Terms of Use.** The Service Provider disclaims all liability in case of sanction or deletion related to violation of these conditions, even without direct Solution intervention.
---
## Article 14 – Client obligations
**The Client undertakes to:**
- Provide valid credentials for their Instagram and/or TikTok accounts
- Transmit required information and documents within deadlines
- Report any incident likely to disrupt execution
- Respect best practices communicated by the Service Provider for each platform
**The Client is prohibited from:**
- Using the Solution for illegal, fraudulent or unethical purposes
- Promoting illicit content or content contrary to Platform rules
- Misusing the Solution outside the framework defined by the GTC
- Modifying their credentials or activating two-factor authentication without notice
- Simultaneously using other automation services on the same accounts
In case of delay in transmitting necessary access or data, the Service Provider may suspend or postpone the service without compensation.
​
### 14.3 Risk monitoring and management
The Client undertakes to:
- Regularly monitor automated interactions generated on their accounts
- Immediately report any problematic content detected to the Service Provider
- Implement, if desired, exclusion lists for sensitive accounts or hashtags
- Assume responsibility for consequences related to automated interactions
​
### 14.4 Acceptance of automation risks
The Client declares:
- Having been informed of risks inherent to automation of interactions
- Accepting that some interactions may not correspond to their values or positions
- Recognizing that they remain solely responsible for the image conveyed by their account
- Having the means and skills to manage any controversies
​
### 14.5 Consequences of non-compliance
In case of delay in transmitting necessary access or data, the Service Provider may suspend or postpone the service without compensation.
​
### 14.6 - Targeting responsibility
The Client declares and guarantees:
- Being solely responsible for defining targeting parameters
- Having evaluated the relevance of their targeting choices in relation to their objectives
- Accepting all consequences arising from their targeting parameters
---
## Article 15 – Confidentiality
Each Party undertakes to keep confidential information exchanged during the contractual relationship.
This includes, without limitation:
- Internal processes
- Strategies
- Transmitted documents
- The Client's Instagram and TikTok account credentials
This confidentiality obligation remains valid for **two (2) years** after the end of the service. No report, document or deliverable may be shared with third parties without prior written authorization.
---
## Article 16 – Intellectual property
The Service Provider retains all intellectual property rights relating to the Solution and provided services.
No content from the site, system or Service Provider services may be copied, reproduced or reused without prior written authorization. **Any infringement will be prosecuted.**
---
## Article 17 – Liability
The Service Provider's liability is **strictly limited to the amount actually paid** for the relevant service.
**Under no circumstances may the Service Provider be held liable for:**
- Actions or data external to its scope
- Client misuse of recommendations
- Sanctions or blocks imposed by Instagram and/or TikTok
- Content published directly by the Client
- Regulatory, technical or commercial developments of Platforms
- Temporary or permanent unavailability of one or more Platforms
- Consequences related to TikTok's geopolitical or legal specificities
**Only direct damages are covered. Indirect damages (loss of revenue, opportunities, reputation, etc.) are expressly excluded.**
## Article 17 bis – Liability for automated interactions and targeting
​
**17 bis.1 - Problematic automated interactions**
The Service Provider cannot be held liable for the following consequences:
- Automated interactions (likes, comments, follows) with political, religious, controversial or problematic content
- Involuntary association of the Client with third-party content, accounts or positions via automated interactions
- Consequences on the Client's image, reputation or perception related to interactions generated by the Solution
- Negative reaction from followers or third parties following automated interactions from the Client's account
​
**17 bis.2 - Targeting responsibility**
**The Client remains solely responsible for:**
- Definition of targeting parameters transmitted to the Service Provider
- Selection of target audience and targeting criteria
- Adequacy between their commercial objectives and chosen parameters
- Consequences arising from their targeting choices
​
**The Service Provider is limited to:**
- Making technology available according to parameters defined by the Client
- Technically executing interactions according to transmitted criteria
- Cannot be held responsible for the relevance of parameters chosen by the Client
​
**17 bis.3 - Risk acknowledgment by the Client**
The Client expressly acknowledges that:
- They entirely define the targeting parameters used by the Solution
- Automation generates interactions with any public content corresponding to their parameters
- They cannot predict or control the nature of all content corresponding to their criteria
- These interactions are publicly visible and may be associated with their image
- They accept these risks inherent to social media automation
​
**17 bis.4 - Absolute liability limitation**
Under no circumstances may the Service Provider be held liable for direct or indirect damages resulting from:
- Negative communication campaigns against the Client
- Loss of followers following controversial interactions
- Damage to reputation or brand image
- Commercial losses related to negative perception
- Inadequacy between obtained results and Client expectations
​
**Technical adjustments:**
Technical adjustments may be made upon motivated request from the Client, within the limits of the Solution's possibilities, with new parameters remaining under the Client's sole responsibility.
---
## Article 18 – Relations with Instagram and TikTok
The Service Provider is **neither affiliated with, nor supported by, nor approved by** Instagram, TikTok or their respective partners.
The Solution is in no way an official or validated application by these platforms.
---
## Article 19 – Platform developments and digital force majeure
The Client acknowledges and accepts that Instagram and TikTok Platforms may:
- Modify their terms of use at any time
- Implement new technical restrictions
- Be subject to geographic or regulatory restrictions
- Temporarily or permanently suspend their services
In case of major development making the Solution incompatible or illegal on a Platform, the Service Provider may suspend or permanently stop the service on this Platform **without notice and without this opening any right to refund**.
These situations are considered **digital force majeure cases** independent of the Service Provider's will.
---
## Article 20 – Compliance – Hidden defects
In case of proven malfunction attributable to the Service Provider, the Client may request compensation limited to the amount paid.
This clause does not apply in case of misuse or lack of Client cooperation.
---
## Article 21 – Complaints
Any complaint must be made within **six (6) months** following service completion.
---
## Article 22 – Right of withdrawal
The Client acting in an exclusively professional framework, **no right of withdrawal** within the meaning of consumer law applies.
The Client expressly acknowledges that days offered by the Service Provider (via Stripe or other) do not in any way constitute a trial period, but are part of a commercial gesture. These days are irrevocably integrated into the subscription period and do not give right to any refund or cancellation.
---
## Article 23 – Personal data
For any information relating to collection, processing and protection of personal data, the Client is invited to consult the **Privacy Policy** accessible on the Service Provider's site.
---
## Article 24 – Assignment and subcontracting
The Service Provider may entrust partial or total execution of services to subcontractors with equivalent skills.
These subcontractors act under the sole responsibility of the Service Provider and are subject to the same confidentiality obligations.
---
## Article 25 – Force majeure
Any external, unforeseeable and irresistible event preventing execution of contractual obligations will be considered force majeure.
The concerned Party may take any measure deemed appropriate in response to the event.
**Notably considered force majeure:** natural disasters, pandemics, transport blockages, strikes, network outages, fires, floods, supplier failure, Platform regulatory prohibitions, major Platform API modifications.
---
## Article 26 – Modifications
The Service Provider reserves the right to modify these GTC at any time.
Any modification will only apply to future services, not retroactively.
---
## Article 27 – Partial nullity
If one of the GTC clauses is declared invalid, other provisions will remain fully applicable.
---
## Article 28 – No waiver
Failure to assert a right under these GTC cannot be interpreted as waiver of this right.
---
## Article 29 – Contract termination
**Termination rule:**
All subscriptions must be terminated at least 15 days before the renewal date to avoid automatic renewal and billing for the next period.
​
For example, if your subscription renews on the 25th of the month, you must submit your termination request by the 10th of that month at the latest.
**Early termination during commitment periods:**
Only permitted in case of serious breach by either Party, with 15 days written notice to remedy the breach.
**No exceptions:**
Failure to terminate within the 15-day deadline results in automatic renewal and payment obligation for the next period.
---
## Article 30 – Applicable law
These GTC are governed by **Swiss law**. This English version constitutes the binding agreement for English-speaking clients. In case of discrepancy between language versions, this English version shall prevail for clients who have agreed to these English terms.
The contract execution place is deemed to be at the Service Provider's headquarters address.
---
## Article 31 – Disputes
The Parties undertake to seek amicable resolution of any disagreement.
Failing this, any dispute relating to contract interpretation, execution or termination will fall under the **exclusive jurisdiction of Swiss courts**.
---
## Article 32 – Non-competition and reverse engineering prohibition
The Client undertakes not to attempt to reproduce, copy or analyze the Solution.
They also prohibit themselves from developing or having developed a competing service based on the Service Provider's methods, during the subscription period and for **twelve (12) months** following its termination.
---
## Article 33 – Affiliate program
Follows offers an affiliate program allowing its partners to receive commission on sales generated via their affiliate links. This program is managed via the third-party platform **Pushlapgrowth**, to which affiliates must register to benefit from tracking and commission payment.
Registration in the program implies full acceptance of conditions displayed on Pushlapgrowth.
Follows reserves the right to modify affiliate program conditions at any time. These modifications will be published on the Pushlapgrowth platform and will take effect upon their online publication.