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’s Influencer Community Management Software (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 Communication

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 by informing us in writing or by 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: July 21, 2020

If your license started before the above shown update date, find our archived versions of former Terms of Service here.

§1 General

Thank you for using InfluencerDB’s Influencer Community Management Software (“Product”).

The Product is provided by InfluencerDB Tech GmbH & Co. KG, Germany, info@influencerdb.com (“Operator” or “InfluencerDB”). The Product enables its Users to build, manage and activate their Community of Influencers, Fans, Advocates or Creators. More information on how the Product and its Components work may be found on the Operator’s website www.influencerdb.com or in the Product Component ToS.

These Terms and Conditions (“Terms”) and all materials referred or linked to in here, constitute a legally binding agreement (“Agreement”) between the User and the Operator. By creating an account and/or using our Product, you and any organization you represent (“User”) are agreeing to these Terms.

 

§2 Use and purchase of the Product

a) Registration: In order to use the Product or any part of it, Users must register in a truthful and complete manner by providing all the required data in the registration form or other communication with InfluencerDB. Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials (“Login”) confidential. The Operator is not responsible for any loss that Users may incur as a result of any unauthorized person using their account or password.

b) Paid services: InfluencerDB provides services and subscriptions (together “Subscription”) available upon payment of a fee (“Subscription Fee”). The fees, duration and conditions for the accounts and paid services are highlighted either on InfluencerDB’s website or in a pricing section within the Product or in an individual quotation to User.

c) Subscription Fee: The Subscription Fee will remain fixed for a certain time period after the agreed start date of the Subscription until the end date of the Subscription (“Subscription Period”) unless User: (i) expands the Subscription or (ii) it is mutually and voluntarily agreed by User and Operator to change the Subscription Fee for other reasons during the Subscription Period. For the components of the Product that have applicable limits, User will be charged fees associated to the maximum amount of units or volume available either in a certain time frame or in total, depending on the respective limits as defined in the Subscription. The Subscription Fee for such components does not depend on the User’s actual usage of such components. The aforementioned components of the Product with their current definitions can be found under the following link: Product Components.

d) Trial period: InfluencerDB may offer a trial period to selected Users, where they will be able to experience, free of charge and for a limited period of time, some of the Paid Services. Details of the Trial terms will be provided as part of the process of starting a Subscription or using the Product.

e) Recurring Subscription: Subscriptions are renewed automatically as soon as the Subscription Period ends. They will last for the same time period as the original Subscription, and will have the same Subscription Fee, as well as the same definitions and limits as the original Subscription. Users may cancel their Subscription with 30 days’ notice (or 7 days’ notice for month-to-month plans) to the end of the Subscription Period by sending a written cancellation information via email to InfluencerDB or by confirming their cancellation in the admin section of the Product. If the User cancels an automatic renewal, InfluencerDB will terminate their subscription by the end of the current Subscription Period.

f) Payments: Subscription Fees are invoiced fully upfront upon starting the Subscription Period and are payable within 15 days after an invoice is being issued, unless otherwise agreed to by both parties.

g) Refunds: Refunds, if requested, are not guaranteed, but may be considered on a case-by-case basis and granted at the sole discretion of InfluencerDB.

h) Free Accounts: InfluencerDB may decide to also offer a free version of its Product. Such a version may be significantly limited in functionality and duration for use. Details of such limitations and potential upgrades to a paid Subscription of the Product can be found either on InfluencerDB’s website or in dedicated Terms of Service for Free Use. In case InfluencerDB does offer such a free version and User cancels a Subscription, the respective account will become a Free Account upon the end of the Subscription Period, unless User requests a deletion of the account.

i) Beta Releases: From time to time InfluencerDB may decide to offer selected Users the option to take part in the Beta Release of a new component or feature. Participation in Beta Releases is free of charge and voluntary. InfluencerDB cannot guarantee the availability or correctness of these releases and will not take any liability for any User’s damages, potentially coming from opting into taking part in any Beta Release.

 

§3 Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 16 use the Product.

 

§4 Content and data provided by User

Depending on Users’ Subscription, Users may import data into the application from external sources, transfer data by any other means, and manually add data into the application (together “Customer Data”).

Users are responsible for the content and data that they include into the Product. Users confirm that they have and maintain all the necessary consents and/or rights from third parties, whose data and/or content they share with the Operator and hereby indemnify the Operator from any liability or claim arising against the Operator in connection with Customer Data.

The Operator does not moderate Customer Data, but will act within the legal limitations if complaints are received.

If Customer Data includes Personal Data, as defined in Article 4 GDPR (General Data Protection Regulation) or any other data privacy regulation, User will become a Controller and Operator a Processor in terms of GDPR. Both parties agree to execute a necessary data processing addendum as stipulated in Article 28 GDPR to detail processing of such data. The only rights granted to the Operator in relation to Customer Data provided by Users are those necessary to operate and maintain the Product for the Users.

 

§5 Deleting User accounts and account termination

Users can delete their accounts and stop using the Service at any time by directly contacting the Operator.

Additionally, the Operator, in case of a breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.

Upon deletion of an account it is included that any Customer Data, as well as any Personal Data about the User, will be irrevocably deleted from the system of the Operator.

 

§6 Privacy Policy

For information about the use of personal data, Users must refer to the Privacy Policy of InfluencerDB.

 

§7 Copyright and intellectual property

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning the Operator are, and remain, the exclusive property of the Operator or its licensors, and are protected by the laws in force on trademarks and by related international treaties.

Pictures hosted by external platforms or social media platforms are the intellectual property of the respective authors that are mentioned and linked back to at all of the aforementioned pictures.

All content and material produced by Operator, especially the influencer database, analyses, reports, texts, graphics, logos, symbols and pictures besides pictures that are hosted by Instagram or other social media platforms, are the Operator’s intellectual property. Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of InfluencerDB and of its service without the Operator’s express permission, granted either directly or through a proper reselling or affiliation program.

 

§8 Forbidden use

The Product shall be used only in accordance with these Terms. Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Operator’s Product or any portion of it;
  • circumvent any technology used by Operator or its licensors to protect content accessible via it; copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through the Product;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Product or its content; rent, lease or sublicense the Product;
  • use the Product contrary to applicable laws and regulations (such as rights of privacy and publicity), or in any way that may cause harm to the Product, or to any person or business entity;
  • use the Product in any other improper way that violates these Terms.

The Operator is entitled to limit a Users’ access to the Product without prior warning in order to prevent such malicious behavior. Limiting a Users’ access does not limit the Operators’ right to claim compensation for damages.

 

§9 Service Quality

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. 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 the Product is dependent on.

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:

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

 

§10 Service provided “as is”

The Product is provided by the Operator “as is”, with no express or implied warranty for accuracy or availability. The Operator may make updates to the Product or parts of the Product at any time without giving prior notice to the User.

 

§11 Limitation of liability

The User expressly releases and exempts the Operator from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

The Operator shall take any appropriate security measures to prevent unauthorized access or disclosure of the Data imported into the application. The Operator shall not be liable for any unauthorized access or disclosure of Data caused by any event beyond the Operator’s reasonable control or which could not have been foreseen or prevented by the Operator.

Operator’s total liability to User or any third party arising out of these Terms or in connection with any use of the Product, shall in no event exceed the Subscription Fees paid by User during the last Subscription Period prior to the first event or occurrence giving rise to such liability.

 

§12 Indemnification

The User agrees to indemnify and hold the Operator and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s Content, use of or connection to the service, violation of these Terms, or violation of any third-party rights (e.g. trademark or copyrights).

 

§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 Changes of these Terms

The Operator reserves the right to modify these Terms at any time, informing Users by publishing via an email or a notice within the Product. Users of any free version who continue to use the Product after the publication of the changes accept the new Terms in their entirety.

For Users of a paid version of the Product the new Terms will be in effect after the next renewal period of the Product. If such Users do not cancel their paid license and continue to use the paid Product after the renewal date, they will accept the new Terms in their entirety.

You can find our archived versions of former Terms of Service here.

 

§15 Assignment

The Operator reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.

Users may not assign, transfer, or subcontract their rights or obligations under these Terms in any way without the written permission of the Operator.

 

§16 Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Operator has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

 

§17 Final Provisions

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

All communications relating to InfluencerDB and these Terms must be sent using the contacts stated in this document.

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