PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM
These terms and conditions ("terms") tell you the rules that govern our relationship when you become a registered user ("user") of the Hey! Platform ("our platform").
You may click on the links below to go straight to more information on each topic:
Our platform is a revolutionary way to allow any individual with an Instagram account to earn occasional rewards from consumer businesses and brands, for posting on Instagram on their behalf.
Our platform comprises our systems, databases, software, and proprietary image-recognition technology, along with the Hey! Website ("our website"), which provides our primary interface with users like yourself.
Our platform is operated by TYTONICAL LTD ("We"). We are registered in England and Wales under company number 11816574 and have our registered office at: 43 Chiltern Drive, Surbiton, United Kingdom, KT5 8LP. Our VAT number is GB 323 5244 30.
We are a limited company and you can find out more about us at: https://tytonical.com/
To contact us, please visit: https://tytonical.com/contact/.
By registering with, and using, our platform, you confirm that you:
If you are under 18 years of age or are unable to confirm all of the points above, or to agree with these terms, you must not register for, or use our platform.
We recommend that you print a copy of these terms for future reference.
These terms refer to the following additional terms, which also apply to your use of our platform:
We may amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time. These terms were published on 30th November 2021. We will include details and keep track of any changes in this paragraph.
We may update and change our platform from time to time to reflect changes to our, or third-party, software or technology, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
Our platform is made available to you free of charge.
We do not guarantee that our platform, or any part of it, will always be available or remain uninterrupted. We may suspend, or withdraw, or restrict the availability of all, or any part of, our platform for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We have the right to disable or terminate any user account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If your user account is temporarily disabled, your right to participate in any campaign (or to receive any rewards) is suspended until such time as your account may be reinstated.
If your account is terminated by us, the effects are the same as those set out in the section titled You may terminate your user account at any time .
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing (by email) if this happens, and We will ensure that the transfer will not affect your rights under these terms.
Our platform, its content, and any campaign offers (and related rewards) are currently targeted towards, and intended for use by, individuals residing in the United Kingdom.
We do accept registrations on, and use of, our platform by individuals resident in other countries, but are unlikely to have any campaigns for which they can be selected for some months.
To understand what We mean by ‘campaign’, ‘campaign offer’ and ‘rewards’, please see the section below on How to earn rewards.
If you register with our platform, you must keep your password, confidential. You must not disclose it to any third party, including your family or friends.
If your user account is disabled because we reasonably suspect that you have disclosed or shared your account details, it will remain suspended until such time as We can verify that you, and only you, have access to that user account, and that you are, who you say you are.
If you know or suspect that anyone other than you knows your password, you must promptly notify us at: privacy@tytonical.com.
By registering as a user on our platform you give us permission to access your Instagram posts via the Instagram API.
In accordance with the Instagram API’s functionality (for ordinary user accounts), We are only able to obtain access to the images you have posted on your Instagram profile, but will not have access to any likes or comments on any of those posts (except where you have deliberately tagged us).
More details on the Instagram API are available at: https://developers.facebook.com/docs/instagram-basic- display-api .
We will analyse the images in your Instagram posts using our proprietary image-recognition technology solely to determine the types of campaign and advertiser(s) that you are best suited to working with.
Please note that We do not store, copy, reproduce, distribute or sell any of your images, which at all times will remain the intellectual property of the original image creator (usually, but not always, yourself).
Our platform allows ordinary Instagram users like you to become ‘micro-influencers’ and earn occasional cash rewards for voluntary participation in advertising campaigns on Instagram ("campaigns").
When a brand ("advertiser") wishes to conduct a campaign, they contact us, and We analyse the Instagram posts of our users to determine those users who are best suited to participate.
The selection of users for a campaign depends on multiple criteria agreed between us and the advertiser, and in all circumstances our selection is final, and not open to appeal or dispute of any kind. You cannot request to be a part of any particular campaign.
If you are selected for a campaign, you will be notified by email. The notification will set out the campaign participation offer ("campaign offer") including:
You may accept or reject a campaign offer at any time before the stated deadline.
Please note that in all cases, the acceptance of a campaign offer will constitute an acknowledgment by you that completing the requirements will not in any circumstances constitute ‘paid work’ or ‘employment’ of any kind, and you agree that at no stage will you be a worker for, or an employee of, either ourselves or the advertiser.
If you reject the campaign offer, your decision will be final, and you will not be able to participate in the campaign subsequently, or to obtain any reward that was offered to you for successful completion.
You will however remain eligible to receive other campaign offers and participate in campaigns until such time as you terminate your account (see You may terminate your user account at any time).
If you accept the campaign offer, you will have the opportunity to earn the stated reward by completing the requirements within the timeframes set out in the offer. We will verify successful completion using our proprietary image-recognition technology, and provided the requirements have been met, We will pay your reward to the bank details you have provided to us, within [7] days of successful completion.
It is your responsibility to provide your correct bank details, and We do not accept any responsibility for failed, misdirected, or lost rewards payments where you have provided incorrect bank details to us. Any rewards that are lost due to your provision of incorrect bank details will not be repaid to you.
If you believe you have successfully completed the requirements, but do not receive your reward in [14] days, you may submit a copy of your campaign post to appeals@tytonical.com for review. We will decide in our absolute discretion whether or not you have successfully completed the requirements of the campaign, and our decision will be final.
Please note that if you accept the offer, you are under no obligation to complete the requirements. If you choose, or are otherwise unwilling or unable, to complete the requirements by the deadline, the offer will lapse, and no reward will be due to you, regardless of whether you complete the requirements subsequently.
We are the owner or the licensee of all intellectual property rights in and relating to our platform, and in the material published on our website. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our website for your personal use and you may draw the attention of others to our platform.
Our status (and that of any identified contributors including the advertisers We work with) as the authors of content on our platform must always be acknowledged.
You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our platform in breach of these terms of use, your right to use our platform (and to any rewards due to you) will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
If at any time you wish to terminate your user account with our platform, you may do so via our website or via email to privacy@tytonical.com. Terminating your user account will terminate these terms (except where We have stated otherwise) and also:
We will handle and retain your personal data strictly in line with the terms of our privacy policy.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our platform or any services provided via, or in relation to, our platform. This includes using (or permitting, authorising or attempting the use of):
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) We are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The content on our website is provided for general information only. It is not intended to amount to: (1) advice upon which you should take, or refrain from taking any action; or (2) an endorsement of any advertiser, brand or product.
Although We make reasonable efforts to update the information on our platform, We make no representations, warranties or guarantees, whether express or implied, that the information on our platform will always be accurate, complete, or up-to-date.
Where our platform contains links to other sites and resources provided by third parties including advertisers, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the above, our total liability under or in relation to these terms, including liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence) or breach of statutory duty, shall not exceed an amount equal to £500.
Please note that We only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes.
We will only use your personal information as set out in our Privacy Policy.
We do not guarantee that our platform will be secure or free from bugs or viruses.
You are responsible for configuring your devices to access our website. You should use your own virus protection software.
You must not misuse our platform by knowingly introducing or attempting to introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the servers on which our platform operates, or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack.
By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform (and to any rewards due to you) will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
We reserve the right to withdraw linking permission without notice.
You may not make any use of content on our platform other than that set out above.
As a user, please note that these terms of use, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.