Terms of Service for Folowwin LLC

Hello!

We have drafted these Terms of Service (which we call the "Terms") to let you know the rules that govern our relationship with you as a user of Folowwin or any of our other products or services that are subject to them (which we refer to collectively as the "Services"). Folowwin LLC is a limited liability company (LLC) registered in the State of California, United States. Our Services allow users to increase followers on social media platforms by sharing QR codes in a multi-level referral system. Users upload QR codes for their social media profiles, share a unique referral code generated by Folowwin with friends, who then register, add existing QR codes from previous users, and receive their own referral code to continue the process. We provide information about how the Services work in these Terms, our Privacy Policy, and within the Services (such as notices, consents, and settings). The information we provide forms the main subject matter of these Terms.

Although we have tried our best to avoid complicated legal language in the Terms, there are places where these Terms may still read like a traditional contract. There is a good reason for that: these Terms form a legally binding contract between you and Folowwin LLC, a limited liability company registered in California. So please read them carefully.

By using any of our Services, you agree to these Terms. If you agree, Folowwin LLC grants you a non-transferable, non-exclusive, revocable, and non-sublicensable license to use the Services in accordance with these Terms and our policies. Of course, if you do not agree to the Terms, do not use the Services.

Arbitration Notice: These Terms contain an arbitration clause later on. You and Folowwin LLC agree that, except for certain types of disputes mentioned in that arbitration clause, disputes between us will be resolved by mandatory binding individual arbitration, and you and Folowwin LLC waive any right to participate in a class-action lawsuit or class-wide arbitration. You have the right to opt out of arbitration as explained in that arbitration clause.

1 Who Can Use the Services

Our Services are not directed to children under the age of 13, and you must confirm that you are 13 years or older to create an account and use the Services. If we learn with certainty that you are under 13 years old (or the minimum age at which a person may use the Services in your state, province, or country without parental consent, if greater), we will stop providing the Services to you and delete your account and data. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all these terms carefully. By using the Services, you represent, warrant, and agree to the following:

1. You can form a binding contract with Folowwin LLC;
2. You are not prohibited from using the Services under the laws of the United States or any other applicable jurisdiction—for example, you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any similar prohibition;
3. You are not convicted of a sex crime;
4. You will comply with these Terms (including any other terms and policies referenced in these Terms, such as the Community Guidelines and Commercial Content Policy) and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a company or other entity, you represent that you are authorized to bind that company or entity to these Terms, and you agree to these Terms on behalf of that company or entity (and all references to "you" and "your" in these Terms will mean both you as the end user and that company or entity). If you are using the Services on behalf of a U.S. government entity, you agree to the amendment to Folowwin Terms of Service for U.S. Government Users.

2 Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content, such as QR codes for your social media profiles, referral links, and related materials. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the settings you have selected.

For all content you create using the Services, or submit or make available to the Services (including Public Content like shared QR codes and referral links), you grant Folowwin LLC and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content, including the name, image, likeness, or voice of anyone featured in it. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing and improving such Services.

We call QR codes, referral links, and any other content you submit to public Services “Public Content.” Because Public Content is inherently public, you grant Folowwin LLC, our affiliates, other users of the Services, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content in any form and in any and all media or distribution methods, now known or later developed, for commercial and non-commercial purposes. This license applies to the separate video, image, sound recording, or other elements contained in your Public Content, as well as the name, image, likeness, and voice of anyone featured in Public Content that you create, upload, post, send, or appear in. This means, among other things, that you will not be entitled to any compensation if your content, including QR codes, referral links, name, image, likeness, or voice included in your content are used by us, our affiliates, users of the Services, or our business partners. For information about how to tailor who can view your content, please take a look at our Privacy Policy and Support Site. All Public Content must be appropriate for people ages 13+.

Although we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms or any applicable laws. You alone, however, remain responsible for the content you create, upload, post, send, or store through the Services.

3 Additional Terms and Policies That May Apply

Additional terms and conditions listed on the Terms & Policies page or that are otherwise made available to you will apply to you depending on the specific Services you use. If those additional terms apply (for example, because you use the applicable Services), then they will become part of these Terms, meaning that you must comply with them. For example, if you purchase or use any paid features that we make available to you on Folowwin (such as premium referral tools, but excluding advertising services) you agree that our Paid Features Terms apply. If any of the applicable additional terms conflict with these Terms, the additional terms will override and apply in place of the conflicting parts of these Terms.

4 Privacy

Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy. You can also learn more about our privacy practices, including how certain features use your data, on our Privacy, Safety, and Policy Hub.

5 Personalized Recommendations

Our Services provide a personalized experience to make them more relevant and engaging for you. We will recommend content, advertising, and other information to you based on what we know and infer about your and others’ interests from use of our Services, including QR code shares and referral activity. It is necessary for us to handle your personal information for this purpose, as we explain in our Privacy Policy. Personalization is also a condition of our contract with you for us to be able to do so, unless you opt to receive less personalization in the Services. You can find more information on personalized recommendations on our Support Site.

6 Content Moderation

Much of the content on our Services is produced by users, publishers, and other third parties, such as shared QR codes and referral links. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Folowwin LLC reserves the right to review, moderate, or remove all content that appears on the Services, we do not review all of it. So we cannot — and do not — guarantee that other users or the content they provide through the Services will comply with our Terms, Community Guidelines or our other terms, policies or guidelines. You can read more about Folowwin LLC’s approach to content moderation on our Support Site.

7 Respecting the Services and Folowwin LLC’s Rights

As between you and us, Folowwin LLC is the owner of the Services, which includes all related brands, works of authorship, software, and other proprietary content, features, and technology, including the multi-level referral system and QR code sharing tools. The Services may also be covered by patents owned by Folowwin LLC or its affiliates.

8 Respecting Others’ Rights

Folowwin LLC respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.... (continued — full text included above)

9 Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that you will at all times comply with these Terms, including our Community Guidelines and any other policies Folowwin LLC makes available in order to maintain the safety of the Services.

10 Your Account

To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to help keep your account secure is to select a strong password that you don’t use for any other account and to enable two-factor authentication. If you think that someone has gained access to your account, please immediately reach out to support@folowwin.com. Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise.

11 Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies (collectively, “Messages”). If you’re unsure what those charges may be, you should ask your service provider before using the Services.

12 Third-Party Materials and Services

Certain Services may display, include, or make available content, data, information, applications, features, or materials from third parties (“Third-Party Materials”), provide links to certain third-party websites, or permit the use of Third-Party Materials or third-party services in connection with those Services. If you use any Third-Party Materials or third-party services made available through or in connection with our Services (including Services we jointly offer with the third party), the applicable third-party’s terms will govern their relationship with you. Neither Folowwin LLC nor any of our affiliates is responsible or liable for a third party’s terms or actions taken under any third party’s terms. Further, by using the Services, you acknowledge and agree that Folowwin LLC is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or third-party services or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials, the availability of third-party services, and links to other websites are provided solely as a convenience to you.

13 Modifying the Services and These Terms

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

14 Termination and Suspension

While we hope you remain a lifelong Folowwin LLC user, you can terminate these Terms at any time if you do not agree with any changes we make to these Terms, or for any other reason, by deleting your Folowwin account (or, in some cases, the account associated with the applicable part of the Services you are using).

15 Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Folowwin LLC, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Folowwin LLC, (b) your content, including infringement claims related to your content, (c) your breach of these Terms or any applicable law or regulation, or (d) your negligence or willful misconduct.

16 Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.... (continued — full text included above)

17 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES, OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.

18 Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND FOLOWWIN LLC AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

19 Exclusive Venue

To the extent that these Terms allow you or Folowwin LLC to initiate litigation in a court, both you and Folowwin LLC agree that, except for a claim that may be brought in small claims court, all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Folowwin LLC consent to the personal jurisdiction of both courts.

20 Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.

21 Severability

If any provision of these Terms is found unenforceable, then that provision will be removed from these Terms and not affect the validity and enforceability of any remaining provisions.

22 California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

23 Final Terms

These Terms, including the additional terms referenced in Section 3, make up the entire agreement between you and Folowwin LLC, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver of our rights to enforce these Terms. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.

24 Contact Us

Folowwin welcomes comments, questions, concerns, or suggestions. You can contact us or get support here. Folowwin LLC is located in the United States at 1333 Powell St, Emeryville, CA 94608.