Part A: Terms of Use (Access to the Service)

Sections 1-8 govern your access to and use of the upfyp platform.

1. Definitions

"upfyp" or "the Service": The Instagram engagement platform operated by NOMIS IT, accessible at upfyp.com
"NOMIS IT", "we", "us", or "our": NOMIS IT (NIT), a French EURL registered under RCS Lille Métropole 921 726 170
"User", "you", or "your": Any person accessing or using the Service
"Campaign": An order for engagement services (followers, likes, comments, shares, or reposts)
"Third-Party Providers": External service providers used to deliver engagement, including Peakerr and BulkFollows

2. Publisher Information

The publisher of this website is:

Company: NOMIS IT (NIT)
Legal Form: EURL (Single-member limited liability company)
Share Capital: €1,000
Registration: RCS Lille Métropole 921 726 170
Address: 2T rue d'Anchin, 59242 Templeuve-en-Pévèle, France
Email: [email protected]
Publication Director: Simon BRIENNE, Manager

3. Acceptance of Terms

By accessing upfyp, continuing to browse the site, or using any of its features, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you do not accept these terms, you must immediately stop using the site.

The version of these Terms currently online is the only enforceable version throughout your use of the Service until replaced by a new version.

4. Service Description

upfyp provides Instagram engagement services delivered through third-party providers. Our services include:

Follower growth campaigns
Like delivery services
AI-generated smart comments
Share services
Repost services

Important Service Information

Delivery Time: Services are delivered progressively over 7-30 days to simulate natural growth. Initial delivery may take up to 24 hours or more to begin after campaign creation.
Quantity Variations: The actual number of followers, likes, comments, shares, or reposts delivered may be slightly more or less than the requested amount due to the nature of third-party provider systems.
Drop Rate: Some engagement (particularly followers) may experience natural drop-off over time due to Instagram's systems. We guarantee 80%+ follower retention within 30 days.

5. Third-Party Service Providers

upfyp uses third-party providers to deliver engagement services, including but not limited to:

Peakerr - Followers, likes, comments, shares
BulkFollows - Reposts and additional services

These providers operate independently. While we select reliable partners, we cannot guarantee the exact source, quality, or behavior of engagement delivered through these services. By using upfyp, you acknowledge and accept the use of these third-party providers.

6. Instagram Terms of Service

IMPORTANT DISCLAIMER: The use of third-party engagement services, including upfyp, may violate Instagram's Terms of Service. Instagram prohibits the use of automated services or third-party applications to artificially increase followers, likes, comments, or other engagement metrics.

By using upfyp, you acknowledge and accept that:

Your use of our services is at your own risk
Instagram may take action against your account, including but not limited to: temporary restrictions, shadowbans, reduced reach, follower removal, or permanent account suspension
NOMIS IT is NOT responsible for any actions taken by Instagram against your account as a result of your use of our services
You have read and understood Instagram's Terms of Service and Community Guidelines before using upfyp
We do not guarantee that your account will not be affected by Instagram's enforcement actions

NOMIS IT makes no representations regarding the compatibility of its services with Instagram's policies and disclaims all liability for any consequences arising from Instagram's enforcement of its Terms of Service.

7. Eligibility

To use upfyp, you must:

Be at least 18 years of age
Have the legal capacity to enter into binding contracts
Not be prohibited from using the Service under French law or any applicable jurisdiction

We reserve the right to request proof of age at any time.

8. User Obligations and Responsibilities

8.1 Lawful Use

You agree to use the Service honestly and lawfully, in strict compliance with these Terms. You are solely responsible for your use of the Service and will indemnify NOMIS IT against any claims resulting from your non-compliant use.

8.2 Ownership of Profiles and Content

CRITICAL: You must only use upfyp services on Instagram profiles and publications that you own or have explicit authorization to manage.

Using our services on profiles or content that you do not own or have permission to manage is strictly prohibited. NOMIS IT is not responsible for any consequences arising from users who apply services to profiles or publications that are not theirs. Any such misuse may result in immediate account termination without refund.

8.3 Prohibited Uses

You agree NOT to:

Use the Service on profiles or content you do not own or have authorization to manage
Violate Instagram's Terms of Service
Promote illegal, harmful, offensive, or misleading content
Engage in fraud, spam, or deceptive practices
Infringe on intellectual property rights
Harass, abuse, or harm others
Attempt to disrupt, overload, or compromise our systems or security
Resell or redistribute our services without written authorization
Use the Service for commercial solicitation, political campaigns, or advertising without authorization
Scrape, extract, or test the vulnerability of our systems

8.4 Technical Requirements

You are responsible for your own equipment, internet connection, and ensuring you use up-to-date browsers and devices. You must protect your own data and devices from viruses and unauthorized access.

Part B: Terms of Sale (Financial Conditions)

Sections 9-12 govern subscriptions, payments, and refunds.

9. Subscription and Billing

9.1 Plans

We offer subscription plans (Starter, Growth, Scale) with monthly quotas. All prices are in EUR and include applicable taxes. Current pricing is available on our pricing page.

9.2 Billing Cycle

Subscriptions are billed monthly or yearly in advance. Your billing cycle starts on the date of your initial subscription and renews on the same date each period.

9.3 Quota System

Quotas reset on your billing anniversary date
Unused quotas roll over to the next billing period
Rollover credits reset to zero upon plan downgrade or cancellation

9.4 Plan Changes

Upgrades: Take effect immediately with prorated billing. You are charged the difference immediately.
Downgrades: Take effect at the end of your current billing period. No refunds for the remaining period.

9.5 Payment

Payments are processed securely through Stripe. We accept credit cards, debit cards, and other payment methods available through Stripe. Payment is due in full at the time of purchase.

Card payments are irrevocable except in cases of fraud. If you believe your card was used fraudulently, contact Stripe directly.

9.6 Late Payment

Late payments may incur penalties at three times the French legal interest rate plus a €40 recovery fee. We may suspend or terminate your access for non-payment.

10. Subscriptions

All access to upfyp services requires an active paid subscription
Plans: Starter (€9.99/mo), Growth (€24.99/mo), Scale (€59.99/mo). Yearly plans get a 17% discount (2 months free)
Subscriptions renew automatically on the billing anniversary. You can cancel anytime from your dashboard; service continues until the end of the current billing period
Unused monthly quota (followers, likes, comments, shares, reposts) rolls over to the next month as long as your subscription stays active
Legacy free trial users whose trial was granted prior to this update retain access to any campaigns that were created during their trial until those campaigns complete

11. Service Delivery and Guarantees

11.1 Delivery Time

Services are delivered over 7-30 days depending on campaign settings and quota availability. Initial delivery may take 24 hours or more to begin due to processing by third-party providers.

11.2 Quantity Variations

Due to the nature of third-party provider systems, the actual engagement delivered may be slightly more or less than requested. Minor variations (±10%) are normal and do not constitute service failure.

11.3 Retention Guarantee

We guarantee 80%+ retention for followers within 30 days of delivery. If retention falls below this threshold, we will top up the difference upon request.

11.4 No Guarantees For

We explicitly DO NOT guarantee:

Specific engagement rates or growth outcomes
That followers will interact with your future content
Protection against Instagram algorithm changes or actions
Uninterrupted service availability
Exact delivery quantities (minor variations are normal)
Delivery within a specific timeframe (may take 24h+ to start)

11.5 Obligation of Means

NOMIS IT commits to using its best efforts to provide services (obligation de moyens). We do not guarantee specific results (obligation de résultat).

12. Cancellation and Refunds

12.1 Cancellation

You may cancel your subscription at any time. Access continues until the end of your current billing period. No refunds are provided for partial periods or unused quotas.

12.2 Refund Policy

Due to the nature of digital services that begin delivery immediately, refunds are generally not provided. We may offer refunds or credits at our discretion in cases of:

Complete service failure attributable solely to us
Significant delivery delays beyond stated timeframes
Duplicate charges due to technical errors

Contact [email protected] for refund requests within 15 days of the issue.

12.3 Right of Withdrawal (EU Consumers)

Under French and EU law, consumers have a 14-day withdrawal right from contract conclusion. However, this right is waived when service execution begins before the withdrawal period ends, with your express consent and acknowledgment of losing the withdrawal right.

By subscribing and using the Service immediately, you expressly consent to immediate service execution and acknowledge the loss of your withdrawal right.

Part C: General Provisions

Sections 13-23 contain general legal provisions applicable to all services.

13. Publisher Obligations

NOMIS IT commits to using its best efforts (obligation de moyens) to provide optimal site accessibility, subject to maintenance periods, technical issues, and force majeure events.

We reserve the right to:

Close the site temporarily or permanently for maintenance or updates without notice or compensation
Modify site features and functionalities at our sole discretion
Refuse or cancel any order from users with payment disputes

We strive for accuracy but do not guarantee that all information is complete, accurate, or up-to-date.

14. Intellectual Property

All content on upfyp, including but not limited to text, graphics, logos, icons, images, software, and the site itself, is the property of NOMIS IT or its licensors and is protected by French and international intellectual property laws.

You are granted a limited right to access and use the Service for personal, non-commercial purposes only. Any other use (copying, reproduction, modification, distribution, extraction) is prohibited without prior written authorization.

Violation may result in civil and/or criminal proceedings.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMIS IT SHALL NOT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Service interruptions, bugs, or security breaches beyond our control
Actions taken by Instagram or other third parties against your account
Damages resulting from your use of services on profiles or content you do not own
Viruses or malware that may affect your equipment
Content or services provided by third-party providers (Peakerr, BulkFollows)

Our total liability for any claims shall not exceed the amount you paid us in the 12 months preceding the claim.

16. Indemnification

You agree to indemnify and hold harmless NOMIS IT, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use or misuse of the Service
Your violation of these Terms
Your use of services on profiles or content you do not own or have authorization to manage
Your infringement of any third-party rights

17. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to: natural disasters, epidemics, pandemics, war, terrorism, government actions, internet failures, third-party service outages, or any other force majeure event as defined under Article 1218 of the French Civil Code.

18. Termination

We may suspend or terminate your account immediately, without prior notice, for:

Violation of these Terms
Using services on profiles or content you do not own
Fraudulent activity or attempted abuse
Non-payment
Any reason at our sole discretion

Upon termination:

Your access to the Service ceases immediately
We may delete your account data
No refunds will be provided for unused quotas
Outstanding balances remain payable

19. External Links

The site may contain links to third-party websites (including Stripe, Instagram, and our service providers). We are not responsible for the content or practices of these external sites. You access them at your own risk.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. When changes are made:

The "Last updated" date will be revised
Users with email addresses on file will be notified at least 15 days before material changes take effect
Continued use after changes constitutes acceptance

21. Governing Law and Disputes

These Terms are governed by French law. Any disputes shall be submitted to the competent courts under ordinary law conditions.

21.1 Consumer Mediation

In accordance with Article L.612-1 of the French Consumer Code, you may use mediation services in case of disputes. We adhere to CNPM-MEDIATION-CONSOMMATION:

Online: www.cnpm-mediation-consommation.eu
Address: CNPM-MEDIATION-CONSOMMATION, 27 Avenue de la Libération, 42400 SAINT-CHAMOND, France

21.2 EU Online Dispute Resolution

The European Commission provides an Online Dispute Resolution platform at: ec.europa.eu/consumers/odr

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, provided the general purpose of these Terms can be preserved.

23. Contact

For questions about these Terms:

Email: [email protected]
Address: NOMIS IT, 2T rue d'Anchin, 59242 Templeuve-en-Pévèle, France

Terms of Service