Terms of Use

1. Definitions

• "Application" or "App": the Spyke mobile application available on the Apple App Store and Google Play Store.
• "Service": the functionality provided by the Application, including Instagram follower/following monitoring, change detection, and related features.
• "User" or "you": any person who downloads, installs, or uses the Application.
• "We", "us", "our": the operator of Spyke, a company registered in Poland.
• "Premium Subscription" or "Premium": the paid subscription that unlocks access to real Instagram monitoring data and additional features.
• "Device": the mobile phone, tablet, or other device on which you install and use the Application.

2. Acceptance of Terms

By accessing or using the Application, you confirm that:

• You are at least 13 years of age.
• You have the legal capacity to enter into this Agreement.
• You agree to comply with these Terms and all applicable laws and regulations.

If you are using the Application on behalf of another person, you represent that you have the authority to bind that person to these Terms.

3. Description of Service

Spyke provides Instagram follower and following monitoring services. The Application allows you to:

• Enter a public Instagram username to monitor.
• View publicly available follower and following data associated with that username.
• Receive notifications about changes (new followers, unfollowers, new following, unfollowing).
• View gender classification statistics of followers and followed accounts.
• Track changes over time.

The Application accesses only publicly available Instagram data. We do not access private accounts, direct messages, photos, or any non-public content.

4. Device-Based Identification

The Application does not require account registration. Instead, a unique device identifier is generated and stored securely on your Device. This identifier associates your Device with your monitoring settings and data. If you delete the Application or clear its data, this identifier may be lost and your monitoring data may become inaccessible.

5. Subscriptions and Payments

• Free and Premium Tiers: The Application offers both free and premium features. Certain features, including access to real Instagram monitoring data, require a Premium Subscription.
• Payment Processing: All payments are processed through the Apple App Store or Google Play Store. We do not collect, store, or process any payment or banking information. All billing, refunds, and subscription management are subject to the policies of Apple or Google, respectively.
• Subscription Management: You can manage or cancel your subscription through your device's App Store or Google Play Store settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods unless required by applicable law.
• Price Changes: We reserve the right to change subscription pricing. Price changes will be communicated in advance through the Application or the respective app store. Continued use after a price change constitutes acceptance of the new pricing.
• Restore Purchases: If you reinstall the Application or change devices, you can restore your existing subscription via the Application's Settings.

6. User Obligations and Prohibited Uses

By using the Application, you agree NOT to:

• Use the Application for any illegal purpose or in violation of any applicable laws or regulations.
• Monitor Instagram accounts for the purpose of stalking, harassment, intimidation, or any other harmful activity.
• Attempt to access private Instagram accounts or non-public data through the Application.
• Use the Application to collect data for commercial purposes, data mining, or resale.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application.
• Interfere with or disrupt the Application's infrastructure, servers, or networks.
• Attempt to circumvent any security measures, access controls, or usage limitations.
• Use automated means (bots, scrapers, etc.) to interact with the Application.
• Impersonate another person or misrepresent your identity or affiliation.
• Use the Application in a way that infringes upon the rights of others, including intellectual property rights and privacy rights.
• Share, distribute, or sublicense your access to Premium features.

We reserve the right to suspend or terminate access to the Application for any User who violates these Terms.

7. Intellectual Property

• Application Ownership: The Application, including all code, design, graphics, text, features, and content, is the exclusive property of the operator and is protected by copyright and intellectual property laws. All rights not expressly granted in these Terms are reserved.
• User License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application on your Device for personal, non-commercial purposes, subject to these Terms.
• Third-Party Content: Instagram data displayed in the Application belongs to the respective Instagram users and Meta Platforms, Inc. We do not claim ownership of any third-party content.
• Trademarks: "Spyke" and associated logos are trademarks of the operator. "Instagram" is a trademark of Meta Platforms, Inc. The Application is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.

8. Data and Privacy

By using the Application, you acknowledge and agree to the data practices described in the Privacy Policy, including collection of your device identifier and Instagram username, processing of publicly available Instagram data, AI-based gender classification of public profiles, and use of anonymous analytics (with your consent where required).

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy.

9. Data Deletion

You may delete all your data at any time through the Application's Settings (Delete Account & Data). This will permanently remove your device identifier, monitoring settings, and all associated data from our servers. You may also request data deletion by contacting contact@spyke.website.

10. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

We do not guarantee that:

• The Application will be uninterrupted, error-free, or secure.
• The data provided will be accurate, complete, or up-to-date.
• Instagram data will always be available (Instagram may change its platform, restrict access, or modify publicly available data at any time).
• Gender classification results will be accurate (they are AI-generated estimates, not verified information).
• The Application will be compatible with all devices or operating systems.

We are not responsible for any actions taken by Instagram, Meta Platforms, Inc., or any third party that may affect the availability or functionality of the Service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Application.
• We shall not be liable for any loss of data, loss of profits, or business interruption.
• Our total aggregate liability for any claims related to the Application shall not exceed the amount you paid for the Application in the 12 months preceding the claim.
• We are not liable for any decisions you make based on data or insights provided by the Application.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise). Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including liability for fraud or willful misconduct.

12. Indemnification

You agree to indemnify, defend, and hold harmless the operator and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Application.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Your misuse of data obtained through the Application.

13. Third-Party Services

The Application relies on third-party services including Instagram (Meta Platforms), Apple App Store, Google Play Store, Apify, OpenAI, RevenueCat, Expo, PostHog, and Convex. We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of such services is subject to their respective terms and policies.

14. Service Availability and Modifications

• Availability: We strive to maintain the Application's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or factors beyond our control.
• Modifications: We reserve the right to modify, suspend, or discontinue any part of the Application at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.
• Updates: We may release updates to the Application from time to time. Some updates may be required to continue using the Service. Continued use of the Application after an update constitutes acceptance of any changes.

15. Termination

• By You: You may stop using the Application at any time by deleting it from your Device. To delete your data, use the Delete Account & Data option in Settings before uninstalling.
• By Us: We may suspend or terminate your access to the Application at any time, without prior notice, if you violate these Terms, your use poses a risk to other users, third parties, or our infrastructure, we are required to do so by law, or we decide to discontinue the Service.
• Effect of Termination: Upon termination, your right to use the Application ceases immediately. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and Governing Law) shall survive.

16. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Significant changes will be communicated through the Application. Your continued use of the Application after changes are posted constitutes acceptance of the revised Terms.

We recommend reviewing these Terms periodically.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or the Application shall be submitted to the competent courts in Poland.

If you are a consumer residing in the European Union, you also have the right to use the Online Dispute Resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr.

Nothing in these Terms affects your statutory consumer rights under applicable EU or Polish law.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the use of the Application and supersede any prior agreements.