Terms of Use

Last updated: January 28, 2025

Welcome to The Folo!

These Terms of Use ("Terms") govern your access to and use of The Folo mobile application (the "App"), including any content, functionality, and services offered through the App. The App is operated by The Folo ("we," "us," or "our").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

IMPORTANT: These Terms include a mandatory arbitration agreement and class action waiver (Section 14) that affect your legal rights. Please read them carefully.

1. Acceptance of Terms

By creating an account or using the App, you represent and warrant that:

If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

The Folo provides social media analytics services that allow you to:

Public Data Only

The Folo accesses only publicly available information from Instagram. We do not access:

All information displayed in the App is data that is already publicly accessible to anyone on the internet. We fully comply with Instagram's Terms of Service regarding publicly available data.

The App does not require you to provide your Instagram login credentials. You only need to provide the username(s) you wish to track.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the App, you may need to create an account. You agree to:

3.2 Account Security

You are solely responsible for maintaining the security of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Subscription and Payment Terms

4.1 Subscription Plans

The App offers subscription-based access with the following options:

Pricing: Subscription prices are displayed in the App at the time of purchase and may vary by country, promotional offers, and subscription tier. All prices are shown in your local currency before you complete your purchase.

All subscriptions automatically renew unless canceled before the renewal date.

4.2 Payment Processing

All payments are processed through:

We do not store or have access to your payment information. All billing inquiries should be directed to Apple or Google.

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. You will be charged through your Apple ID or Google Play account.

4.4 Cancellation

You may cancel your subscription at any time through:

Cancellation takes effect at the end of the current billing period. You will continue to have access to premium features until the end of your paid period.

4.5 Refunds

All purchases are final and non-refundable, except as required by law or as determined by Apple or Google's refund policies. To request a refund, contact Apple or Google directly.

Note: We may offer a refund at our sole discretion in cases of technical issues or billing errors. Contact us at hey@thefolo.co for assistance.

4.6 Price Changes

We reserve the right to change subscription prices at any time. Price changes will take effect at the start of your next billing cycle. We will notify you of any price changes in advance.

4.7 Free Trials

We may offer free trial periods from time to time. If you do not cancel before the trial period ends, you will automatically be charged for the subscription. Trial eligibility may be limited to one per user.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the App only for lawful purposes and in accordance with these Terms. You agree to use the App responsibly and not to misuse the service.

5.2 Prohibited Activities

You agree NOT to:

5.3 Consequences of Violations

Violation of these Terms may result in:

6. Intellectual Property Rights

6.1 Our Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by The Folo and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

This license does not include any right to:

6.3 Trademarks

"The Folo" and our logo are trademarks of The Folo. You may not use our trademarks without our prior written permission.

6.4 Third-Party Content and Instagram Data

Instagram is a trademark of Meta Platforms, Inc. We are not affiliated with, endorsed by, or sponsored by Instagram or Meta Platforms, Inc.

Use of Public Instagram Data: The App displays publicly available information from Instagram accounts. By using this App, you acknowledge and agree that:

7. User Content and Data

7.1 Your Data

You retain all rights to any data you provide to the App (such as usernames you track). By using the App, you grant us a limited license to use this data solely to provide the service to you.

7.2 Public Instagram Data

The App displays publicly available information from Instagram accounts. You acknowledge that:

7.3 Data Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the App, you consent to our Privacy Policy.

8. Third-Party Services and Links

The App may contain links to third-party websites or services (including Instagram). We are not responsible for:

Your use of third-party services (including Instagram) is at your own risk and subject to their terms and conditions.

9. Disclaimers and Limitations of Liability

9.1 No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to:

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOLO SHALL NOT BE LIABLE FOR:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS LESS.

9.3 Basis of the Bargain

The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and The Folo. The App would not be provided without such limitations.

9.4 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless The Folo, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

11. Termination

11.1 Termination by You

You may stop using the App at any time and cancel your subscription as described in Section 4.4.

11.2 Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

11.3 Effect of Termination

Upon termination:

12. Changes to the App and Terms

12.1 Changes to the App

We reserve the right to:

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

12.2 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

Your continued use of the App after any changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the App.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2 Venue

Subject to the arbitration agreement below, you agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1 Informal Resolution

Before filing a claim, you agree to contact us at hey@thefolo.co to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration will be conducted in Delaware (or another mutually agreed location), and the arbitrator's decision will be final and binding.

14.3 Class Action Waiver

YOU AND THE FOLO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and The Folo agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Opt-Out

You have the right to opt out of this arbitration agreement by sending written notice to hey@thefolo.co within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

14.5 Exceptions

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights without first engaging in arbitration.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Folo regarding the App and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15.7 Export Controls

You agree to comply with all applicable export and import laws and regulations. You may not use the App if you are located in any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.

15.8 Apple-Specific Terms

If you downloaded the App from the Apple App Store, you acknowledge and agree that:

15.9 Google-Specific Terms

If you downloaded the App from Google Play, you agree to Google Play's Terms of Service.

16. Contact Information

If you have any questions, concerns, or feedback about these Terms or the App, please contact us:

We will respond to your inquiry within 30 days.

By using The Folo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.