Terms & Conditions

1. Introduction

1.1. The following Terms & Conditions are based on legal regulations binding on the territory of the Republic of Poland. The conditions of use and functioning of Lettly Software available in SaaS model are the subject of the following rules. Terms & Conditions set the rights and obligations of the registered Users, merchants using the Software as well as the rights, obligations and scope of responsibility of the Administrator, being the party that manages and develops the Software.

1.2. Every potential User is obliged to read the Terms & Conditions and may proceed with further activities upon accepting all the provisions.

1.3. The subject of activity of the Service includes providing the Software in SaaS model for legal entities and collecting and storing User data, which are essential to send e–mails and show liked content on Instagram platform.

1.4. The use of the Software is free of charge for the User.

1.5. The use of the Software by legal entities requires implementation of the system and is subject to payment of the fees.

2. Definitions

2.1. Administrator - company Lettly sp, z o.o., providing Services for legal entities, registered in Warsaw, ul. Wyganowska 8D, 03-085, under KRS number 0000591193 with Polish tax identification number NIP 5242789560, (hereinafter referred to as Administrator or Lettly).

2.2. Accounts (Profiles) Database – collection of data and pictures shared by legal entities that are stored and processed with their consent in an orderly manner in an IT system for the sole purpose of providing the Services by the Administrator.

2.3. Account – available for the legal entity.

2.4. Software – Service provided in SaaS model by the Administrator.

2.5. Profile – site of the User, which features the data and pictures liked in the Instagram application.

2.6. Terms & Conditions – the document stating the rights and obligations of the Users and the Administrator with appendices being the integral part of the document.

2.7. User – natural or legal person, who by accepting the Terms & Conditions and registering in the system acquired the access to the Service.

2.8. Merchant – legal entity using the services of Lettly.

3. Technical requirements of using the Service

3.1. The company Lettly is the provider of the Service.

3.2. Having an Instagram account, Instagram application and a mobile device with the access to the internet are necessary to use the Services of Lettly.

4. The use of the Service

4.1. People who registered in the Service become Users of the Software.

4.2. Registration in the system and connection of the Instagram account with Lettly Software is free and voluntary.

4.3. The agreement to provide Services electronically is concluded upon registration, for an indefinite period.

4.4. Acceptance of the Terms & Conditions by the User is equivalent to making the following statement:

  • a) I have read the Terms & Conditions and I accept all the provisions included.
  • b) I voluntarily start using the Service.
  • c) The data provided during registration and in the Account are true.
  • d) I agree for the Administrator to process my personal data included in the registration form.

5. Personal Data and Privacy Policy

5.1. Upon registration, the User agrees for the Administrator to publish and process his or her personal data, under the provisions of the Privacy Policy.

5.2. The sole Administrator of personal data is Lettly, which processes the personal data of the Users under the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926, with subsequent amendments) and the Act of 18 July 2002 on providing Services by electronic means (Journal of Laws of 2002, No. 144, item 1204, with subsequent amendments).

5.3. The personal data and information required in the registration form will be used to send marketing information, change or termination of the contract with the User and to provide highest quality of provided Services.

5.4. The User has the right to access the processed data at any time, as well as the right to correct them and demand their removal from the accounts’ database.

5.5. The User is obliged to update the data submitted in the registration form immediately after each change of the data.

5.6. The Administrator has the right to disclose personal information only to entities authorized under the relevant provisions of law, in accordance with the principles of the Privacy Policy, the provisions of the Terms and Conditions and the applicable law.

5.7. The Administrator will store personal data exclusively for the duration of use of the Service by Users. When the User resigns from the Service, Account and User information will be immediately deleted from the system.

6. Terms of use

6.1. The Merchant, being the owner of the Account, is responsible for the actions or omissions resulting from the use of the Account registered under the Software.

6.2. The collection of information about the Users, attempts to access the Accounts of other Users and accessing accounts other than the account of the Merchant are strongly prohibited.

6.3. The Merchant is obliged not to undertake any actions that impair the image of the owner of the Software. It is prohibited to utilize the Software for the purposes other than or conflicting with the purposes of the Service. It is prohibited to post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. It is also prohibited to send spam.

6.4. Actions that may impede or destabilize the functions of the Software are prohibited. In case of such actions being undertaken by the Merchant, the Administrator has a right to block or remove the Account. Actions impeding the functions of the Software are prohibited under legal provisions. The Administrator is entitled to undertake actions, including measures to remedy such activities.

6.5. The data, image, pictures and other content submitted by the Merchant can be accessed by the Administrator and parties authorized to do so.

6.6. The Administrator has a right to immediately reject, block or remove pictures, posts, comments or content infringing the terms of use, without providing the reason.

6.7. The Merchant is obliged to remove the content indicated by the Administrator within 14 days upon receiving the notification.

7. Responsibilities

7.1. The Administrator will provide the Services of the highest quality. The Administrator is not responsible for the interruptions in functioning of the Service caused by force majeure, hardware failure or unauthorized interference of the Users, even if it results in data loss from Merchants’ Accounts.

7.2. The Administrator is not responsible for temporary lack of access to the Service features, resulting from updates and changes to the system. The Merchants and Users will be informed about technical breaks.

7.3. The Administrator is not responsible for the content and messages posted and sent by the Users. The content and messages posted or sent by the Merchants are not the opinions and views of the Software developers. The Administrator holds the right to: edit, shorten or remove the unlawful, vulgar, in any way discriminatory or violating the rules of social coexistence. The Merchant posting unlawful content may incur criminal and civil liability in relation to the Administrator or other persons.

7.4. The Administrator is not responsible for the actions of other persons and for unlawful use of data for the purposes other than functioning of the Service. The Administrator declares that he is not monitoring the sources of data posted by the Users and hereby is not responsible for the accuracy, veracity or quality of the content.

7.5. The Administrator is not responsible for the actions of the Merchants such as:

  • a) Posting or sending unwanted advertisement, promotional materials or other forms of promotion unregulated with the Service.
  • b) Counterfeiting or modification of the content so that the source of the content cannot be identified.
  • c) Threatening, harassment, deviating from the truth or other actions violating the rights of third parties and Users.
  • d) Collecting, storing and transfer of personal data or content and pictures of other Users.
  • e) Giving legal advice or posting comments to the content of the Service, which appear to constitute legal advice.

7.6. The Administrator is not responsible in the case of claims raised by other persons connected with posting the pictures or image of these persons. The sole responsibility shall be borne by the User posting the picture in question or image of the person.

7.7. The Administrator does not guarantee that the Services provided are the best available in the Internet and does not guarantee immediate update. Moreover, no guarantee is granted for the effectiveness of marketing or sales activities undertaken within the Service.

7.8. The Administrator is not responsible for any hardware or software defects, resulting in delays of functionality of the Service.

7.9. The Administrator is not responsible for any damage or undesirable consequences resulting during or after the use of the Service.

7.10. The Administrator is not responsible for the functioning of Instagram application.

8. Complaints

8.1. Any disturbance in functioning of the Software may be reported by the Merchant to the Administrator.

8.2. The complaints will be considered within 21 days from the date of filing the complaint. The Administrator has the right to leave the complaint unconsidered, should they result from lack of knowledge of the Terms and Conditions or legal provisions.

8.3. The Administrator shall not consider the complaints regarding the Services provided by third parties with the use of the Service. The Administrator is not obliged to forward the complaints to the appropriate entity.

9. Final provisions

9.1. The provisions of Terms and Conditions are available free of charge under www.Lettly.com/en/terms

9.2. The Administrator has a right to unilaterally change the provisions of the Terms and Conditions at any time without having to justify the reason.

9.3. The Administrator will immediately inform the Users and Merchants in the event of change in the Terms and Conditions by publishing the unified text.

9.4. Terms and Conditions enter into force on the day of their publication on the website. The Agreement concluded between the Users and the Administrator before the Terms & Conditions enter into force, become their subject upon acceptance by the Merchant. Should any of the provisions be changed as a result of a final court judgment, the remaining provisions shall abide the parties.