General Terms and Conditions

§ 1 Provider and scope

These General Terms and Conditions apply to contracts for Instagram growth services offered through metrik.social and concluded with:

Tom Tägtmeier
c/o Postflex #10318
Emsdettener Str. 10
48268 Greven
Germany

Telephone: +49 176 84756915
E-mail: hello@metrik.social

hereinafter referred to as “metrik.social”, “metrik”, “we” or “us”.

Our services are available to both consumers and businesses.

A consumer is a natural person entering into a legal transaction predominantly for purposes outside their trade, business or profession.

A business customer is a natural or legal person or partnership with legal capacity acting in the course of its commercial or self-employed professional activity.

Individual agreements and the service, price and term information shown in the specific offer or checkout take precedence over these general provisions.

§ 2 Minimum age and authorization

Natural persons must generally be at least 18 years old and have full legal capacity to enter into a contract.

The minimum age for entering into a contract is 18.

A person entering into a contract on behalf of a company or other legal entity confirms that they are authorized to represent that entity.

Customers may only submit Instagram accounts that they are authorized to use or manage.

§ 3 Subject of the contract

The contract covers the Instagram growth service described in the relevant offer.

metrik creates additional organic visibility on Instagram through targeted interactions with relevant users and audiences.

Depending on the selected plan and agreed setup, this may include:

researching and selecting suitable reference or audience-source accounts,
targeting relevant Instagram users,
manual likes,
story interactions,
profile interactions, and
optional follow/unfollow activity.

Follow/unfollow activity is used only where it forms part of the selected or agreed setup.

metrik does not sell followers.

The growth service described above does not use fake followers, bots or automated direct messages.

The service does not constitute full social-media management. Unless separately agreed, we do not create or publish content for the customer and do not provide general management of the customer’s private messages.

§ 4 No guaranteed result

We undertake to provide the agreed service, not to achieve a particular result.

In particular, we do not guarantee any specific number of:

followers,
profile visits,
likes or other engagement,
impressions or reach,
leads,
sales,
customers, or
other commercial results.

Actual results depend on factors including profile quality, content, niche, positioning, audience, account history and the behaviour of other Instagram users.

The decision of another Instagram user to follow an account, interact with its content or purchase an offer is outside our control.

§ 5 Conclusion of the contract

The presentation of our services on the website does not generally constitute a binding contractual offer.

The customer selects the relevant plan and proceeds to the Stripe checkout made available for that plan.

The checkout displays the information applicable to the specific order, including the price, any introductory and subsequent recurring prices and the billing frequency.

By submitting the order using the checkout function indicating an obligation to pay, the customer submits a binding offer to enter into the selected contract.

The contract is concluded once payment or payment authorization has been successfully completed and the order has been accepted by us.

The customer subsequently receives an electronic order or contract confirmation.

Where Terms, withdrawal information or other contractual information is provided before the order is submitted, the versions incorporated at the time the contract is entered into apply.

§ 6 Commencement of service

Performance of the contract generally begins immediately following successful conclusion of the contract or successful payment authorization.

Performance includes the onboarding, setup, login and targeting activities necessary for operational delivery.

Active growth interactions can begin only once all information and functional access required for those interactions is available and the technical and operational setup has been completed.

Consumers’ statutory withdrawal rights remain unaffected.

Any obligation to pay for services already performed during the withdrawal period is determined exclusively by applicable law and our separate withdrawal information.

§ 7 Customer obligations

The customer must provide all information required for the service accurately and completely.

Depending on the setup, this may include:

current Instagram username,
target-audience information,
regions and languages,
suitable reference accounts,
required credentials,
two-factor authentication or login approvals where applicable, and
information relating to relevant account issues or restrictions.

The customer authorizes metrik, to the extent necessary to provide the agreed service, to access the specified Instagram account and perform the agreed growth activities.

Relevant password changes, account warnings, restrictions, login problems or withdrawal of required access should be communicated to us without undue delay.

Where the service cannot be performed or can only be performed to a limited extent due to missing, incorrect or non-functioning access information or required cooperation by the customer, this does not automatically constitute a delay attributable to metrik.

This does not automatically extend or postpone a billing period.

Statutory customer rights remain unaffected.

§ 8 Prices and payment

The prices displayed in the relevant offer and immediately before the order is submitted in the Stripe checkout apply.

Prices shown to consumers are total prices including applicable VAT where VAT applies.

Where an introductory discount applies, the introductory price and subsequent recurring price are displayed before the contract is entered into.

Payments are processed by Stripe.

The payment methods available to the relevant customer and location are displayed directly in the checkout.

Payment is due at the time indicated in the checkout.

§ 9 Contract term, continuation and cancellation
Monthly subscriptions

A monthly subscription initially has a contractual term of one month.

Unless cancelled, it subsequently continues for an indefinite period and remains billed monthly.

The continued subscription may be cancelled at any time with effect at the end of the current monthly billing period.

Plans with an initial three-month term

A 3-month plan initially has a fixed contractual term of three months.

Unless cancelled for the end of the initial three-month term, the contract subsequently continues for an indefinite period.

After the initial term has ended, the contract may be cancelled at any time with one month’s notice.

Billing may continue to take place three months in advance after the initial term. The three-month billing frequency does not create another fixed three-month minimum contractual term.

Where the contract ends following ordinary cancellation during a prepaid three-month billing period, the portion of the prepaid amount relating to the period after the effective contract end date will be refunded proportionately.

An ordinary cancellation submitted during the initial fixed three-month term generally takes effect at the end of that initial term.

How to cancel

Cancellation may be submitted in text form, including by e-mail to hello@metrik.social.

Customers may additionally use the Manage Subscription function available through the website, which redirects to the Stripe Customer Portal.

The right to terminate the contract for good cause remains unaffected.

§ 10 Consumer withdrawal right

Consumers have a statutory right of withdrawal where the relevant statutory requirements are met.

Details are provided in our separate withdrawal information.

Business customers do not have a statutory consumer right of withdrawal.

§ 11 Instagram as a third-party platform

Our service is provided in connection with the third-party platform Instagram.

We do not control matters including:

the continued availability of Instagram,
changes to functionality,
algorithm changes,
security checks or login challenges,
action blocks,
technical outages, or
independent moderation or account decisions made by Instagram or Meta.

We therefore cannot guarantee that Instagram will remain continuously available throughout the contractual period or that particular functionality will remain unchanged.

Where account warnings, security checks or other indications of increased account risk occur, we may temporarily reduce or pause growth activity in order to protect the customer’s account.

Statutory claims relating to service disruptions attributable to us remain unaffected.

§ 12 Liability

We have unlimited liability for damage caused intentionally or through gross negligence.

We also have unlimited liability for injury to life, body or health and wherever mandatory statutory liability applies.

Where we negligently breach an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract.

Essential contractual obligations are obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment the contractual partner may normally rely.

Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.

In particular, we do not accept liability for a specific commercial result or for Instagram-side changes, outages or account measures unless they have been culpably caused by us.

§ 13 Statutory rights in the event of service issues

Mandatory statutory rights relating to services not provided or not provided in conformity with the contract remain unaffected.

These Terms do not restrict mandatory consumer rights where such a restriction would be unlawful.

§ 14 Governing law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only to the extent that it does not deprive them of protection granted by mandatory provisions of the law of their country of habitual residence where those provisions apply to the contract.

This also applies to customers located outside Germany.