Terms of Service

Last updated: 9 November 2026

1. Scope and provider

These terms govern all contracts between Tim Fleischer, Bonifatiusstraße 21, 97762 Hammelburg, Germany (“Fleetnode”, “we”) and the customer (“you”) for the Fleetnode service. Deviating terms of the customer do not apply unless we agree to them in writing.

2. The service

1. We operate Instagram accounts named by you on dedicated physical iPhones. Depending on the account's plan this includes a warm-up phase, scheduled posting of content you provide, and engagement sessions.
2. You get access to a client portal showing statistics, device status and activity, and allowing you to pause or resume plans and start engagement sessions.
3. We owe the diligent performance of these activities, not a specific result. In particular, we do not guarantee any number of views, followers, interactions, sales or any particular reach, as these depend on your content and on Instagram's systems, which we do not control.
4. We may adapt the technical implementation (devices, software, schedules) as long as the agreed service is not materially impaired.

3. Contract, sign-up and set-up

The contract is concluded when you complete the sign-up and the subscription is activated (or an access code is redeemed). We set up the devices within a reasonable time, usually within one business day after the account handover described in section 5.

4. Prices and payment

1. The price depends on the package booked, net per month: Creator (1 dedicated iPhone) EUR 50, Studio (3 dedicated iPhones) EUR 125; Agency packages are priced individually. You decide how many Instagram accounts run on your iPhones; we recommend one to two accounts per iPhone. VAT is added according to the statutory rules: customers in Germany are charged 19% German VAT; customers in another EU member state with a valid VAT identification number are invoiced without VAT under the reverse-charge procedure (the recipient owes the VAT, Art. 196 VAT Directive); customers outside the EU are invoiced without German VAT, as the service is not taxable in Germany (§ 3a (2) UStG).
2. You must provide correct billing details and, if you are based in another EU member state, a valid VAT identification number, which we verify via the EU VIES system. You will inform us without delay of any changes.
3. Billing is monthly in advance via PayPal subscription. The package booked determines the monthly amount. After each payment we issue an invoice, which you can download in the client portal.
4. If a payment fails or the subscription is cancelled, we may suspend the service and portal access until payment is made.

5. Your obligations

1. You provide access to the accounts to be operated (via the encrypted form in the client portal) and the content to be posted in good time. You keep the right to change your password at any time; please update it in the portal afterwards.
2. You are responsible for the content you provide. It must not infringe third-party rights or applicable law, and must comply with Instagram's community guidelines. You indemnify us against third-party claims arising from your content.
3. You are aware that Instagram's terms of use restrict automated use of accounts. You decide yourself to have your accounts operated in this way.

6. Account risk

Instagram may restrict, block or delete accounts at its own discretion, including accounts operated with this service. We reduce this risk with gradual warm-ups, conservative limits and individual plans per account, but we cannot exclude it. Restrictions or loss of accounts by Instagram do not constitute a defect in our service and do not entitle you to a refund for past periods. We inform you without delay if we notice restrictions.

7. Term and cancellation

The contract runs month by month. You can cancel at any time with effect from the end of the current billing month, by cancelling the PayPal subscription or by e-mail. Our right to terminate for good cause remains unaffected. After the end of the contract we log out of your accounts and return or delete any content you provided.

8. Liability

We are liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence we are only liable for breach of essential contractual obligations, limited to the foreseeable damage typical for this type of contract, and in any case to the fees paid in the 12 months before the damaging event. Liability for lost profits, lost reach or the loss of accounts due to measures taken by Instagram is excluded to the extent permitted by law.

9. Data protection

We process personal data in accordance with our Privacy Policy. Where we process personal data on your behalf, the parties will conclude a data processing agreement on request.

10. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for merchants is Bad Kissingen, Germany. Should any provision be invalid, the remaining provisions remain unaffected.