TERMS OF SERVICE 

 

Our Terms of Service

There are a few legal documents that are central to life at InfluencerDB — to us, our customers, our prospects, our partners, and users of our website. To make it easy to find the information you’re looking for, we’ve assembled them all here under one roof.

InfluencerDB Website Terms of Service (WTOS)

Last updated: Feb 17, 2020

Welcome to InfluencerDB.com landing page (the “Website”). These Terms of Use contain the terms and provisions applicable to your access to and use of the Website (www.influencerdb.com) and any other feature, content or application offered from time to time by us (the “Applications”, and together with the Website, the “Services”). The Services are provided by InfluencerDB Tech GmbH & Co. KG (“Company”). Your use of the Services is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.

If you’re using InfluencerDB analytical solutions or the Influencer Marketing Cloud (together the “Product”) as paid services or free trial version, accessible under pro.influencerdb.com, see our InfluencerDB Product Terms of Service.

 

§1 Acceptance of Terms

By accessing the Services, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use the Services. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting notice of such changes on the Website. Your continued access or use of the Services after such changes are made conclusively demonstrates your acceptance of such changes. If you are less than sixteen years old, you are prohibited from downloading, registering for, or using the Services without parental consent, so if you are using the Services you agree that you either at least sixteen years old or have parental consent for using the Services. By using the Service, you warrant to us that you are above the age of sixteen.

 

§2 No Registration and Fees

The Services provided under www.influencerdb.com will not require registration and we will not ask for any payment. We may ask you in some situations (e.g. downloading specific content pieces) to give us your contact details, where you need to render consent to us to use your data for processing. Your data will be processed in accordance with our Privacy Policy

Company reserves the right to change this at any time, providing additional means to collect information about you to confirm your identity and request payment.

If you like to use the Company’s current paid Product for your business, available under pro.influencerdb.com, get in contact with us using one of our contact forms on the Website or arrange a call with us.

§3 Services

By using the Services, you will agree that you will not:

  • Use our sites, services, or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools;
  • Copy, modify, or distribute rights or content from the Services or our copyrights and trademarks; or
  • Use any crawlers, bots, algorithms or other automatic applications or codes in order to retrieve and collect information through our Services.

We reserve the right to refuse service to anyone, for any reason, at any time. We have no obligation to post any content from you or anyone else.

 

§4 Privacy

We may collect certain information about users and third parties. Accordingly, you should review the terms and conditions of our Privacy Policy, by which you agree to be bound as a condition of visiting the Website and/or using the Services. The Privacy Policy (www.influencerdb.com/privacy) is incorporated by reference into these terms of service.

§5 Intellectual Property & Copyright

All content and material included on this Website and Services, such as, but not limited to, images, text, icon, graphics, analysis, and reports, is the sole and exclusive property of Company or any of its subsidiaries, and is protected by copyright laws. Any such content may not be used by any party without our prior written express consent, and if confirmed should include source information as “Source: www.influencerdb.com”. Any other content shown as reference (link back) from social media sources (such as instagram.com) belongs to the appropriate owner and Company claims no ownership.

§6 Trademarks

Certain marks (graphics, logos, icons) used on our Services are our registered trademarks or service marks, or owned by our suppliers or partners worldwide.  Our trademarks and service marks may not be used for any commercial or other purposes by any party without our prior written express consent. All other trademarks and service marks not owned by us that appear on this Website and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

§7 Permitted Use

We grant you a limited, revocable, non-exclusive access and make personal use of the Services. The Services, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written express consent.

You confirm with us that you will not:

  1. Use the Services for any purposes other than the purpose expressly allowed by us herein;
  2. Use the Services for any illegal purpose, harmful manner, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  3. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
  4. Modify, adapt, translate or create derivative works based upon the Services; the content of the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
  5. Intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  6. Use the Services in order to provide similar services to any third party or for competing with our Service;
  7. Use our Services or content on any platform or website not provided and approved by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

Failure to abide by any of these rules may bring us to stop providing you with any Services.

 

§8 Third Party Services

The Services may provide links to World Wide Web sites or resources (“Third Party Material”). Because we have no control over such Third Party Material, you acknowledge and agree that we are not responsible for the availability of such Third Party Material, and do not endorse and are not responsible or liable for any Third Party Material, advertising, products, or other materials on or available from such Third Party Material. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Material, goods or services available on or through any such Third Party Material. ACCESS AND USE OF THIRD PARTY MATERIALS, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.

 

§9 Electronic Communications

When you use our Services or directly send e-mails to us, you are communicating with us electronically. We therefore take this, to the extend legally possible, as your consent to receive communications from us electronically in return. When you enter your contact information (e.g. name, company, e-mail address, phone number, etc.) into one of our web contact forms, you will be asked for explicit consent (according to GDPR) to store your data and to receive further communication from us electronically.  You will be able to withdraw your consent anytime thereafter, information us in writing or using the available unsubscribe options in our emails communication with you.

 

§10 Site Information

The information contained on the Website and Services is for information purposes only. It is believed to be reliable; however we do not warrant its completeness, timeliness or accuracy.

 

§11 Disclaimer of warranties and limitation of liability

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND/OR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR APPLICATIONS INCLUDED ON THE SERVICES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICES OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICES AND THE CONTENT THEREIN ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, DEVICE VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN OUR SERVICES. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. CERTAIN PROVINCIAL AND/OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

§12 Site Policies, Modification, and Severability

We reserve the right to make changes to our Services, policies, and our Website Terms of Service at any time and in our sole discretion and without notice. In agreeing to these Website Terms of Service, you are responsible for periodically checking for changes and/or updates to these terms, and you should review those policies, terms and conditions each time you visit the Website or use the Services. Without derogating from the foregoing, we will endeavor to notify you of any changes by posting notice of such changes on the Website. Notwithstanding, changes to our Privacy Policy, regarding information we may collect or use or disclosure of collected information, shall only take effect when posting notice of such changes on the Website.
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

§13 Final Provisions

By visiting the Website or using the Services, and to the extent permitted by law, you agree that the laws of Germany, without regard to principles of conflict of laws, will govern these Website Terms of Use. Any dispute arising from the Website Terms of Use or the use or misuse of the Website and/or Services, shall be subject to the exclusive jurisdiction of the competent courts in Cologne, North Rhine-Westphalia, Germany.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if made in writing and signed by us.

InfluencerDB Product Terms of Service (PTOS)

Last updated: March 30, 2017

 

§ 1 General

Thank you for using InfluencerDB.net (“Product”). The Product is provided by InfluencerDB Tech GmbH & Co. KG (“Operator”). By using our Product, you (“User”) are agreeing to these terms. The Product enables its users to improve their Influencer marketing and Influencer relations results by optimizing their processes in terms of identifying, analyzing, managing and monitoring Influencers.

 

§ 2 General use of the product, registration of an account

Natural and corporate bodies are entitled to use our Product. Registering an account is free and has no liabilities attached to it. The Operator is entitled to prohibit registrations and delete the according free accounts without prior warning.

To complete the registration process the User must agree to these Terms of Service and provide the required information truthfully. User also confirms with registration that he or she is at least 16 years old at the time of registration.

The User is prohibited to incorporate data from the Product into any other software, particularly but notwithstanding to influencer marketing platforms, any websites, influencer databases etc. The User may use the data in any presentation but is required to refer to the Product as source of the data. Any violation of this term will result in Operator immediately ceasing license of the User with the Product and incurring of a fine of amount decided by operator.

 

§ 3 Premium license

Using the Product is free within the limitations of a free license. There is the possibility to book a premium license for a certain amount of time. Costs attached to these premium licenses may vary but are always listed on our Homepage under the menu item “Premium” or “Pricing”. Premium licenses are usually booked as a subscription with recurring payments after the initial time period has ended. The User will be informed about this matter within the payment process.

By booking a premium license the User gets access to extended functions and features of the Product. The degree to which the User may use the Product is specified under the menu item “Premium” or “Pricing” or within an offer a user receives from one of the Operator’s authorized Sales Agents. A revocation is not possible.

The user has the option to enter into a separate relation with the Operator for a customized Premium license with features extra to the Premium license listed. The terms of such a license only vary in terms of the extra features specified in the offering and all other terms and conditions remain the same as per this terms and conditions.

Invoices of premium license can be downloaded under the menu item “Settings” or “Billing” within the Product.

 

§ 4 Purchase of “Target Group Credits”, “Unlock Credits” or “Analytics Credits” (“Credits”)

The premium license allows the User to use all functions of the tool. The User will still need to buy credits equal to number of Instagram accounts whose target groups they want to analyze deeply though.

The use of a Target Group Credit enables the User to get access to the Target Group Analysis” and the “Engaged Influencers” sections of any channel of any social media platform currently covered by the Product.

The Credits costs are not included in the premium license subscription fee and are available to purchase on demand. The credit price varies depending on amount of credits purchased and a discount based on the existing license of the user with the Product. The details on the credit pricing are also available under according menu item within the Product. The Operator is entitled to change the prices and discounts for Credits indicated by the information given in relevant sections of the Product within prior warning.

A credit is non-perishable until it is used to get deeper access to an Instagram account. Once you access an account with usage of a credit, the account remains accessible to a period of 90 days from the time of access. After this point, the User will need to use another credit to get access to that particular account back again.

Invoices on on-demand credit purchases can be downloaded under the menu item “Settings” within the Product.

The User does not have the option to revoke, exchange or transfer Credits to other accounts or for other features of the Product.

The Operator is entitled to change the quantity and quality of data a User receives after using a credit without prior warning based on the needs to do so implied by changes on the APIs and data sources provided by the social media platforms currently covered by the Product and used by the Operator to generate the reports and graphics within the Product. The Operator will inform its users within 10 working days after making any substantial changes to the relevant sections of the Product.

 

§ 5 Extension of a premium license, cancellation of a subscription

Each subscription of a premium license is in principle for an indefinite period of time. At the end of a billing period the contract is extended by the same period of time on the latest conditions unless the User has cancelled his subscription prior to the end of the billing period. Cancellation of a subscription may be found under the menu item “Settings”. In case the Product might be unavailable due to technical issues that are not under the User’s control she may write an e-mail to info (at) influencerdb (dot) net.

After a cancellation of a premium license the User will be downgraded to a free license after the end of the last billing period.

 

§ 6 Collection of data

The User agrees to the collection of anonymized data of usage by the Operator. This collection of data is done to improve the Product. All data will be treated with the utmost care and strictly confidential.

 

§ 7 Intellectual property

All contents and material produced by the Operator, especially the influencer database, analyses, reports, texts, graphics, logos, symbols and pictures besides pictures that are hosted by Instagram.com or other social media platforms are the Operator’s intellectual property.

Pictures hosted by Instagram or other social media platforms are the intellectual property of the authors that are mentioned and linked back to at every of the aforementioned pictures.

 

§ 8 Restrictions

The User is specifically restricted from all of the following:

  • Publishing any Product material in any other media without written consent from the Operator;
  • (re-)selling, sublicensing and/or otherwise commercializing any Product material without written consent from the Operator;
  • using this Product in any way that is or may be damaging to this Product;
  • using this Product in any way that impacts other users’ access to this Product;
  • using this Product contrary to applicable laws and regulations, or in any way that may cause harm to the Product, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting, crawling of data or any other similar activity in relation to this Product;
  • The Operator is entitled to limit a User’s access to the Product without prior warning in order to prevent such malicious behavior. Limiting a User’s access does not limit the Operator’s right to claim compensation for damages.

Any User ID and password the User may have for this product are confidential and the User must maintain confidentiality as well.

 

§ 9 Service Quality

Given the complexity of the Internet, the unequal capacities of different networks, the influx of traffic at certain times of the various bottlenecks on which the Operator has no control, the responsibility of Operator is limited to the operation of the Product whom the outer limits are formed by the Connection Points.

The Operator cannot be held in any way responsible for:

  • Access speeds from the Websites and / or information systems of the User,
  • external slowdowns,
  • bad transmissions due to a failure or malfunction of external networks product is dependent on.

Given the nature and complexity of the technologies that are implemented, the User recognizes that the Product may not be free of anomalies, failures, interruptions and downtime.

In case of incidents resulting from elements under the responsibility of one Party, the other undertakes to inform the latter and to agree to make its best efforts to remedy.

The Operator is not responsible for any consequences caused by:

  • The occurrence of an event of force majeure,
  • any improper use of the Product by users,
  • any failure of a user to their contractual obligations,
  • any cause beyond the reasonable control of the Operator.

 

§ 10 Warranties

This Product is provided “as is,” with all faults, and the Operator expresses no representations or warranties, of any kind related to this Product or the materials contained on this Product.

Consequently, Operator is not responsible for errors that may arise from Data and / or any Content.

 

§ 11 Limitation of liability

In no event shall the Operator, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with the User’s use of this Product whether such liability is under contract. The Operator, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to the User’s use of this Product.

The User acknowledge that (i) the use of the Product depends on the Application Programming Interface (API) set up with Instagram and other social media platforms, which may be changed unilaterally by its owners from time to time (ii) The Operator has no control on such changes that could have unexpected impacts on the Product and their conditions of use.

As consequence, (i) The Operator may not be responsible if such changes involved any restriction in the use of all or part of Product (ii) The User shall not claim for any compensation in this respect and (iii) The User have the right to terminate Service without being able to claim any reimbursement of Subscription Fee already paid.

The User acknowledges that she shall use the Product and/or the related results and analysis at their own risk.

The Operator cannot be held responsible for the consequences of the analysis and actions taken by the user on the basis of the use of the Product.

The User acknowledges that due to information brought to their attention within these Terms of Service, the Operator has fulfilled its obligations including advice and information regarding the characteristics and limitations of the Product to which the User subscribed.

The Operator cannot be held responsible in any way for Data and/or Content used or processed by the User in the framework of the Product or any other entity.

The Operator shall only be liable for direct damages incurred by the User or the User’s company, resulting from a breach by the Operator of its contractual obligations such as defined in these Terms of Service.

In any event, the damages suffered by the User or the User’s company due to an exclusive Operator’s failure is expressly limited for all causes and for any reason whatsoever, to the amount of the last Subscription Fee paid.

 

§ 12 Indemnification

The User hereby indemnifies to the fullest extent the Operator from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to the User’ breach of any of the provisions of these Terms.

 

§13 Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. The parties commit themselves to substitute the agreement by another one fulfilling the same purpose.

 

§14 Change of these Terms of Service

The Operator is entitled to change these Terms of Service without prior notice to the users. Every user will be notified by e-mail in case these Terms of Service are changed. After a change of these Terms of Service every user with a subscription of a premium license has 7 days to cancel her subscription retroactively in case she entered a new billing period after the Terms of Service have been changed.

 

§15 Assignment

The Operator is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, the user is not allowed to assign, transfer, or subcontract any of their rights and/or obligations under these Terms.

 

§16 Final provisions

To the extent permitted by law, the place of jurisdiction is Münster, North-Rhein Westphalia, Germany.

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