Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your access to and use of GiveawayOK ("Service"), a platform for running Instagram giveaways operated by Oleksandr Nechaiev ("Company", "we", "us", or "our"), a Polish JDG (Jednoosobowa Działalność Gospodarcza) with NIP: 5242879079 and REGON: 382219567.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service.
2. Description of Service
GiveawayOK is a service that allows users to run Instagram giveaways using the official Meta API. The Service provides the following functionality:
- Connection to an Instagram professional account
- Selection of an Instagram post or reel
- Configuration of giveaway rules
- Processing of giveaway data
- Random selection of winners
3. Account Registration and Requirements
3.1 Instagram Professional Account
To use our Service, you must have a valid Instagram professional account. You are responsible for ensuring that your use of the Instagram professional account complies with Instagram's terms of service and other applicable policies.
3.2 Account Information
You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date.
4. Payment Terms
4.1 Fee Structure
We charge a one-time payment per giveaway based on the number of comments in the selected post or reel. Pricing details are available on our pricing page and may be updated from time to time.
4.2 Payment Processing
Payments are processed through our third-party payment processors. By making a payment, you agree to the terms of service of these payment processors.
4.3 No Refund Policy
By confirming the start of a giveaway, you explicitly waive your right to a refund. Due to the immediate provision of digital services upon payment, no refunds will be offered once the giveaway process has been initiated and our system begins to fetch comments using the Meta API.
5. User Responsibilities
5.1 Compliance with Laws and Regulations
You are responsible for ensuring that your giveaways comply with all applicable laws, regulations, and rules in your jurisdiction and the jurisdictions of your participants, including but not limited to laws relating to promotions, sweepstakes, and lotteries.
5.2 Instagram Rules
You must comply with Instagram's terms of service, community guidelines, and promotion guidelines. We are not responsible for any violations of Instagram's policies resulting from your use of our Service.
6. Data Usage and Privacy
6.1 Data Collection
We only collect the data necessary to provide the Service, including your Instagram account information and information about the selected post or reel.
6.2 No Data Selling
We do not sell your data to third parties. Your data is used solely for the purpose of providing the Service.
6.3 Privacy Policy
Our Privacy Policy, which is incorporated into these Terms by reference, provides additional information about our data practices.
7. Intellectual Property
7.1 Our Intellectual Property
All intellectual property rights in the Service, including but not limited to software, design, and content, are owned by us or our licensors.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose in accordance with these Terms.
8. Limitation of Liability
8.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE.
9. Changes to Terms
We may modify these Terms from time to time. If we make changes, we will provide notice of such changes as appropriate, such as by posting the revised Terms on our website with a new "Last Updated" date. Your continued use of the Service following the effective date of any changes to these Terms constitutes your acceptance of those changes.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.
12. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall be resolved through arbitration in accordance with the rules of the Polish Court of Arbitration at the Polish Chamber of Commerce in Warsaw.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
14. Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.
15. Contact Information
If you have any questions about these Terms, please contact us at: @nechaievol
Last Updated: June 1, 2023