These Terms of Service govern the use of noyys (noyys.com), a service provided by cocoduro GmbH, Dachauer Str. 70, 80335 Munich, Germany, registered at the District Court of Munich under HRB 309671, e-mail: hi@noyys.com (hereinafter "we" or "us").
1. Scope
1.1 These Terms apply to all contracts between us and our customers (hereinafter "you") for the use of noyys. You can be a consumer or a business.
1.2 Deviating terms of the customer are not accepted unless we explicitly agree to them.
2. Our reseller Paddle
2.1 Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
2.2 When you purchase a subscription or lifetime access, the purchase contract is concluded with Paddle.com Market Limited, 30 Old Bailey, London, EC4M 7AU, United Kingdom, under Paddle's Buyer Terms (https://www.paddle.com/legal/buyer-terms). Paddle collects the payment, issues the invoice and handles taxes. The use of noyys itself is governed by these Terms.
3. The service
3.1 noyys is a web application that shows statistics about social media accounts that you connect, such as followers, views, likes, comments and engagement, combined across platforms. It also includes levels, badges and an optional public profile page.
3.2 The platforms that can currently be connected are listed on our website. At launch, Instagram professional accounts (Creator or Business) are supported. We add further platforms over time.
3.3 noyys only reads data from your connected accounts. We never publish, comment, send messages or change anything in your social media accounts.
3.4 The data shown in noyys is provided by the respective platforms through their interfaces. We have no influence on the availability, scope or accuracy of this data. If a platform changes or restricts its interface, individual features may be limited or no longer available. We will inform you in such cases and try to find an equivalent solution.
3.5 We aim for high availability of noyys. Temporary interruptions due to maintenance, security updates or circumstances beyond our control may occur.
4. Your account
4.1 To use noyys you need a user account. You must provide accurate information and keep your login details confidential. An account is personal and may not be shared.
4.2 You must be at least 18 years old to purchase a subscription or lifetime access.
4.3 You may only connect social media accounts that you own or are authorized to manage. You are responsible for complying with the terms of use of the respective platforms.
4.4 You can disconnect social media accounts and delete your noyys account at any time in your account settings.
5. Prices and payment
5.1 The current prices are shown on our pricing page (noyys.com/pricing). Taxes are included in or added to the displayed price according to your location. Paddle shows the final amount before you pay.
5.2 Subscriptions are billed in advance for the selected billing period (monthly or yearly) and renew automatically for the same period unless cancelled. Payment is processed by Paddle using the payment methods offered at checkout.
5.2a Lifetime access is a one-time purchase with no automatic renewal. The displayed lifetime price rises by USD 1 after five completed purchases at the current price. Simultaneous checkouts may complete at the same price, so the number of purchases at a price can exceed five. The price shown in your Paddle checkout is the price for your purchase. Lifetime access lasts while noyys continues to provide the service, subject to these Terms.
5.3 If we offer a free trial, a valid payment method is required to start it. The trial converts into a paid subscription at the end of the trial period unless you cancel before it ends. Each person can use a free trial only once.
5.4 We may change prices for future billing periods. We will inform you by e-mail at least 30 days before a price change takes effect. You can cancel your subscription before the change takes effect.
6. Term and cancellation
6.1 You can cancel your subscription at any time in your account settings or by e-mail to hi@noyys.com. The cancellation takes effect at the end of the current billing period. Until then you can continue to use noyys.
6.1a Lifetime access has no recurring subscription to cancel. If a lifetime purchase is fully refunded, access from that purchase ends.
6.2 Refunds are governed by our Refund Policy. Your statutory right of withdrawal as a consumer remains unaffected, see our Right of Withdrawal.
6.3 Both parties may terminate the contract without notice for good cause. Good cause for us exists in particular if you seriously or repeatedly violate these Terms.
6.4 After the end of your subscription, we delete the data imported from your social media accounts in accordance with our Privacy Policy.
7. Public page
7.1 You can make a public page with your statistics available under a noyys address. You decide whether the page is public and which information it shows.
7.2 You are responsible for the content you add yourself, such as your display name and bio. It must not violate applicable law or the rights of third parties. We may deactivate a public page that contains unlawful content.
8. Acceptable use
You may not misuse noyys. In particular, you may not access the service by automated means other than the interfaces we provide, interfere with its security or operation, or use it to infringe the rights of others.
9. Liability
9.1 We are liable without limitation on any legal grounds in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability such as under the Product Liability Act.
9.2 If we negligently breach an essential contractual obligation, liability shall be limited to the typical, foreseeable damage under the contract, unless liability is unlimited in accordance with section 9.1. Essential contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
9.3 Otherwise, our liability is excluded. The above provisions also apply to the liability of our vicarious agents and legal representatives.
10. Data protection
We process personal data in accordance with our Privacy Policy.
11. Changes to these Terms
We are entitled to amend these Terms for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or the functionality of the platforms connected to noyys) while observing an appropriate notice period. We will notify you by e-mail at least two weeks before the amendment comes into effect. If you do not object within the period specified in the notification, your consent to the amendment is deemed to have been granted. If you object, the amendments do not come into effect; in this case we are entitled to terminate the contract at the time the amendment comes into effect. The notification will inform you about the deadline and the consequences of objecting or not objecting.
12. Final provisions
12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of mandatory provisions of the law of the country in which you have your habitual residence.
12.2 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Munich.
12.3 Should a provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
12.4 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.