1.    About the Website

(a)    Welcome to www.follwr.app (Website). The Website allows you to access and use the Follwr App Platform (Services).

(b)    The Website is operated by Follwr PTY LTD, ABN 35 679 292 329. Access to and use of the Website, or any of its associated products or Services, is provided by Follwr PTY LTD. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c)    Follwr PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Follwr PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3.    About the Service

(a)    Follwr App Platform is a unique platform dedicated to premium content, enabling Creators to earn an income from their passions. It serves as a haven for Fans, offering them daily opportunities to connect with their beloved Creators in a secure and brand-conducive space for mutual engagement..

(b)    Free and Paid accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

(c)    Some accounts may be governed by a separate Software Licensing Agreement with Follwr PTY LTD, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an
 
applicable Software Licensing Agreement.


4.    Acceptable use of the Service

(a)    Follwr App Platform, its related features, and website must only be used lawfully. Follwr PTY LTD reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

(i)    To engage in any act that would disrupt the access, availability, and security of Follwr App Platform and other Follwr PTY LTD services, including but not limited to:

(A)    Tampering with, reverse-engineering, or hacking our servers.

(B)    Modifying, disabling, or compromising the performance Follwr App Platform or other Follwr PTY LTD services.

(C)    Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.

(D)    Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Follwr PTY LTD.

(b)    For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

(c)    To stalk, harass or threaten users and any member of the public.

(d)    To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Follwr PTY LTD or any third party

(e)    To access or search any part of the Service, or any other Service owned by Follwr PTY LTD other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

(f)    To post, upload, share, or otherwise circulate content in violation of Follwr App Platform’s content policy

4.1         Prohibited Conduct
You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by this Agreement) use Follwr App for any purpose that breaches applicable laws, or is prohibited by other policies that we may publish on Follwr App, including:



1.    No Harmful, Violent, or Illegal Content , such as:
2.    Do not use Follwr App for any purpose that may be deemed by us or others to be invasive of another’s privacy, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, explicit, illegal, or otherwise in violation of this Agreement or any other agreement between the Parties;
3.    Do not post any unsafe, violent or self-harm techniques or tips, or links to websites that promote unsafe how-to instructions, through images, videos, posts, or other methods.
4.    Do not share Content advocating, promoting, celebrating, or encouraging violence, physical harm, or death against any individual, group, entity, or organization, including instructions or materials related to the assembly of bombs or other weapons, or promote violence using firearms or other weapons; or
5.    Do not share Content that promotes, supports, or affiliates with violent extremist and terrorist groups. We may share relevant information and work with appropriate law enforcement authorities, when possible, to prevent harm.
6.    No Impersonation or Misleading Content , such as:
7.    Do not impersonate any person or entity (including us), or solicit information from another User in furtherance of identity theft or another unlawful purpose;
8.    Do not post, share or promote deceptive or fraudulent Content, including spreading misleading information, putting the wrong "source" field in a post, setting misleading click-through links on images, or embedding them in pop-up ads;
9.    Do not post Content or spread misleading information generated through deep-fake tools, voice-cloning software or other similar AI-enabled technologies without an appropriate disclaimer or label that clearly discloses that such Content is fake, manipulated, or manufactured.
10.    No Nudity, Adult Content, Pornographic Content or other Sexual Content: You may not share any content that is sexually exploitive of any individual, including:
11.    Do not post or share photos, videos, and digitally created content that show sexual acts, sexual intercourse, sexual stimulation, genitals, including female nipples and close-ups of fully-nude buttocks, including those that superimpose or digitally manipulate an individual’s face onto another person’s nude or semi-nude body; No selling of pornography and other sexually explicit materials depicting nudity or explicitly sexual acts; offering any sexually-related services such as prostitution, escorts, adult live chat features; sexually oriented items (for example, adult toys); or any sexually oriented service of a pornographic nature.
12.    No Non-consensual Content: Do not share intimate photos, videos, or other media of someone that was produced or distributed without their consent, even if it otherwise adheres to this policy;
13.    No unwanted sexual advances: Do not make unwanted sexual advances and share content that sexually objectifies an individual without their consent. This includes sending someone unwanted sexual language, media, imagery, the sexual discussion of someone’s body, or the solicitation of sexual acts.
14.    No hacking or posting harms to Follwr App , such as:
15.    Do not take any action that imposes an unreasonable or disproportionally large load on the infrastructure of Follwr App or our systems or networks, or any systems or networks connected to Follwr App, including by "flooding" Follwr App with requests;
16.    Do not post any Content that contains any computer hardware or software, virus, Trojan horse, worm, spyware, or any other computer programming that may interfere with the operation of Follwr App;
17.    No infringement : Do not use Follwr App (including any Content) in any manner that infringes others’ intellectual property rights, such as:
18.    Misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of Follwr App or any third party;
19.    Removes, obscures or modifies a copyright or other proprietary rights notice in Follwr App;
20.    Deciphers, decompiles, disassembles, reverse engineers, or attempts to conduct the foregoing any of the software comprising or in any way making up a part of Follwr App;
21.    Copies, modifies, reproduces, republishes, uploads, posts, transmits, translates, sells, exploits, distributes, or creates derivative works of any material from Follwr App, in any manner or medium (including by email or other electronic means), unless explicitly authorized in this Agreement;
22.    Frames or otherwise simulates the appearance or functions of Follwr App or any portion thereof; or
23.    Modifies, copies, sells, resells, rents, leases, loans, sublicenses, redistributes, or creates any derivative work of, any portion of Follwr App, including any Follwr App Content included on Follwr App.
24.    No Exploitation of Follwr App , such as:
25.    Do not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on Follwr App, deep-link to any feature or Content on Follwr App, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures, without our express permission; or
26.    Do not harvest or scrap information manually on a mass basis (unless we have given you separate written permission to do so).
27.    No Abuse of Personal Data, such as:
28.    Do not collect, store or use any Personal Data (as defined in the Privacy Policy ) about other Users without permission or in violation of applicable data protection laws;
29.    Do not disclose private or proprietary information that you do not have the right to disclose; or
30.    Do not post in public an email or private message from any other User, moderator or administrator.
31.    No Harm to Minors. Don’t use Follwr App in a way that harms minors (or anyone, really);
32.    Message Content and/or links to content that features, shares, promotes or facilitates the sexual exploitation of children is strictly prohibited. This includes media, text, illustrations, computer generated images, and links to sites that contain this content.
33.    When we become aware of content depicting or promoting child sexual exploitation, we will remove the responsible Account and report it to the appropriate law enforcement authorities.
34.    No Spam/Competitive Advertising. Do not use Follwr App for any purpose that constitutes unauthorized advertising (including any promotion of any other membership or on-demand payment platforms that allow Creators to sell subscriptions or otherwise charge fees for access to their Content), junk or bulk e-mails, chain letters, any form of lottery or gambling;
35.    No Sharing Login Information . Do not share your login information with another individual.
36.    No Breach of Obligations : Do not violate additional acceptable use policy (where applicable), additional community guideline posted on Follwr App, or other contractual or legal duties to a third party.


5.    Security and Data Privacy

Follwr PTY LTD takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Follwr PTY LTD’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Follwr PTY LTD’s processes, policies, and obligations in respect of Follwr App Platform security breaches.

6.    Data Use

Follwr PTY LTD collects, stores, and processes your data on Follwr App Platform. The data is used to provide Services to you, as well as to facilitate Follwr PTY LTD’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Follwr PTY LTD. The Privacy Policy also addresses Follwr PTY LTD's processes, policies, and obligations in respect of data encryption and removal requests.

7.    Subscription to use the Service

(a)    In order to access the Services, you must first purchase a subscription through the Website (Subscription ) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member (‘Member’).

(b)    In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c)    Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account ).

(d)    As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name, email address, mailing address, password and credit card details.

(e)    You warrant that any information you give to Follwr PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.

(f)    Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period ).

(g)    You may not use the Services and may not accept the Terms if:

(i)    you are not of legal age to form a binding contract with Follwr PTY LTD; or

(ii)    you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services
 

8.    Payments

(a)    Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

(b)    Payments made in the course of your use of Follwr App Platform may be made using third-party applications and services not owned, operated, or otherwise controlled by Follwr PTY LTD. You acknowledge and agree that Follwr PTY LTD will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Follwr App Platform services.

(c)    You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(d)    You agree and acknowledge that Follwr PTY LTD can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

9.    Refund Policy

(a)    Follwr PTY LTD offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under

the Australian Consumer Law.

(b)    Follwr PTY LTD will provide you with a full refund of the Subscription Fee and one off purchases within 30 days of purchase and in the event they are unable to continue to provide the Services, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

10.    Copyright and Intellectual Property

(a)    The Website, the Services and all of the related products of Follwr PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive
 
features) or the Services are owned or controlled for these purposes, and are reserved by Follwr PTY LTD or its contributors.

(b)    All trademarks, service marks and trade names are owned, registered and/or licensed by Follwr PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(i)    use the Website pursuant to the Terms;

(ii)    copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii)    print pages from the Website for your own personal and non-commercial use.

(c)    Follwr PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Follwr PTY LTD.

(d)    Follwr PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i)    business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii)    a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii)    a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

(e)    You may not, without the prior written permission of Follwr PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

11.    General Disclaimer

(a)    Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b)    Subject to this clause, and to the extent permitted by law:

(i)    all terms, guarantees, warranties, representations or conditions which are
 
not expressly stated in the Terms are excluded; and

(ii)    Follwr PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c)    Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Follwr PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Follwr PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i)    failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii)    the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii)    costs incurred as a result of you using the Website, the Services or any of the products of Follwr PTY LTD; and

(iv)    the Services or operation in respect to links which are provided for your convenience.

12.    Limitation of Liability

(a)    Follwr PTY LTD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b)    You expressly understand and agree that Follwr PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall
 
include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13.    Termination of Contract

(a)    The Terms will continue to apply until terminated by either you or by Follwr PTY LTD as set out below.

(b)    If you want to terminate the Terms, you may do so by:

(i)    not renewing the Subscription prior to the end of the Subscription Period;

(ii)    providing Follwr PTY LTD with 14 days’ notice of your intention to terminate; and

(iii)    closing your accounts for all of the services which you use, where Follwr PTY LTD has made this option available to you.

(c)    Any notices pursuant to Clause 13.2 above should be sent, in writing, to Follwr PTY LTD via the 'Contact Us' link on our homepage.

(d)    Follwr PTY LTD may at any time, terminate the Terms with you if:

(i)    you do not renew the Subscription at the end of the Subscription Period;

(ii)    you have breached any provision of the Terms or intend to breach any provision;

(iii)    Follwr PTY LTD is required to do so by law;

(iv)    the provision of the Services to you by Follwr PTY LTD is, in the opinion of Follwr PTY LTD, no longer commercially viable.

(e)    Subject to local applicable laws, Follwr PTY LTD reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Follwr PTY LTD's name or reputation or violates the rights of those of another party.

14.    Indemnity

You agree to indemnify Follwr PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)    all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
 

(b)    any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c)    any breach of the Terms.


15.    Dispute Resolution

15.1.  Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

15.2.    Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3.    Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a)    Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b)    If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;

(c)    The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d)    The mediation will be held in Brisbane, Australia.

15.    4.  Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
 
15.5.    Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.


16.    Venue and Jurisdiction

The Services offered by Follwr PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland.

17.    Governing Law

The Terms are governed by the laws of Queensland. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18.    Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.