Thank you for choosing Influo!
These terms constitute a legally binding agreement (“Agreement”) between you and Influo (as defined below) that regulates the use of our website and smart device applications (collectively, “Application”) and all related services (“Services”), that we provide. The Application and Services are collectively referred to as “Platform”.
Terms “Influo”, “we”, “us” or “our” refer to the Influo Company that you are contracting with. Influo NV is a company incorporated and existing under the laws of Belgium, with its registered office at B-9000, Gent, Schuurkenstraat 1-303 and enterprise number BE 0627.705.707.
1.1. Influo Platform is a cloud-based software application, that allows its registered users, Brands on one side and Creators on the other side, to collaborate and build relationships with each other, to buy and sell Branded Content, promote Paid Partnerships and use other sources of Influencer Marketing. Both Brands and Creators are commonly referred to as “registered members”, “users”, “you” or “your”.
1.2. These Terms are binding and shall enter into force as soon as you start using our Platform. If you do not agree with our Terms, please do not use the Influo Platform.
1.4. Influo Platform is provided “as is” and without any warranty of any kind. We disclaim explicitly all other warranties, such as express, implied or statutory warranties with regard to the Platform. We reserve the right to change the Platform in any way without prior notice.
1.5. If any provision of this Agreement is held to be unlawful, invalid or otherwise unenforceable for any reason whatsoever, it shall be deemed severed from the Agreement and shall not affect the validity, legality, and enforceability of the remaining provisions of this Agreement. Any unlawful, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term, to the extent permitted by applicable law. Influo reserves the right of the first initiative to change the invalid or inapplicable clauses unilaterally.
2. Using the Influo Platform
2.1. In order to access, use and register an Account on the Influo Platform the user must be at least 18 years old or be an existing legal entity. The person who is registering a Brand Account has to be able to enter into the legally binding agreements on behalf of the company. Users, under the age of 18, are authorized to access, use and register an account on the Influo Platform with the permission of their parents.
2.2 Influo grants its users a worldwide, non-exclusive, non-transferable and revocable right to use the Influo Platform for the user’s own purposes.
2.3 You may not reverse-engineer, disassemble or decompile, or attempt in any other way to investigate and derive source code or structural framework of the Influo Application, except and only to the extent as provided for by the applicable law. You are not entitled to modify or create any derivative works of the Application. Neither are you entitled to sell, assign, distribute, (sub-)license, rent, lease, lend out or in any other way transfer any portion of the Application or any rights granted hereto, or to disclose the Application to a third party without the prior written consent of Influo.
2.4 We pursue the continuous accessibility of the Platform to its best efforts. We have applied all technical, non-technical and organizational measures that are necessary and reasonable to ensure this commitment. Interruptions and failures are always recovered within the short term, if possible. These commitments should be understood as being an obligation of means. You can rely on support from Influo if confronted with questions or comments regarding accessibility.
2.5 We have applied all technical, non-technical and organizational measures that are necessary and reasonable to ensure the proper operation and safe nature of our Application. Both preventive and remedial measures are foreseen. Influo will inform you immediately about any potential risks and subsequent required actions, to the extent that this is possible and necessary. Our online services depend on several external factors, such as the Internet and third parties, so that it is not possible for us to provide absolute guarantees about proper functioning and safety. The above-mentioned commitments should be understood as being an obligation of means. You acknowledge and accept that our Platform can never be completely free of imperfections and that not all deficiencies can be repaired.
2.6 If you act contrary to the terms and obligations, the applicable rules of law, the rights of third parties or generally accepted Internet behavior rules, Influo reserves the right to take all reasonable and appropriate measures. Influo decides unilaterally whether or not to take disciplinary and remedial measures and the scope of those measures.
2.7 Users shall remain fully and solely responsible for all taxes, social security charges and other dues relating to any payment done by Influo. If Influo is charged with or held liable for any such taxes, social security charges or other dues, the users shall compensate, hold harmless and defend Influo from and against the same.
2.8 Both Brands and Creators agree not to negotiate terms of payments between each other outside the Platform. Any attempt to do so may result in the denied access to the Influo Platform.
3. Registering on the Influo Platform
3.1 In order to access the Influo Platform you must first register an account.
3.2 During the registration process, you are required to provide accurate, up-to-date and complete information, as questioned during the registration. This obligation applies both upon creation of the account and for the future use. It is your sole responsibility to correct or remove outdated information.
3.3 You can register your Influo account by using an email address and creating a password. When registering an account for a legal entity, you are declaring that you represent such a legal entity and you have an authority to sign a legally binding agreement on behalf of that entity.
3.4 Each user-account is strictly individual, personal and therefore unique. A user account cannot be transferred to any third party without the explicit written consent of Influo. The user must, by consequence, guarantee the confidentiality of his user-account and login information. You remain in any case exclusively responsible for all actions performed by way of your user account. Any (suspected) breach of confidentiality must be reported to Influo in order that appropriate measures can be taken. You must immediately notify Influo if you have any reason to suspect that your credentials have been stolen, lost or otherwise disclosed or you have noticed any unauthorized use of your Influo account. You are liable for all activities on your account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
3.6 You are accepting the terms and conditions of our Platform upon registration, as communicated by Influo. We may undertake actions when the lack of compliance is detected.
4.1 Influo enables the users of the Platform to upload, post, send, receive and store content in the form of text, photos, audio, and video (“Content”).
4.3 When uploading Content on the Platform you grant Influo a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works or distribute, publish, stream, broadcast, and otherwise use your Content in order to promote the Influo Platform in any media or on the Platform itself.
4.4 Any uploaded Content should be legal, decent, honest, truthful and non-discriminatory. It is not allowed to upload the following content on the Application:
- Any kind of Content that can be considered to be inappropriate or unlawful because of its illegal, unlawful, abusive, misleading, threatening, obscene, pornographic, offensive or racist nature and/or more generally because it is in conflict with the public morality or the public order. This content does not necessarily have to conflict with the applicable law or the rights of third parties to be regarded as inappropriate;
- Content that violates intellectual property rights and portrait rights of other users and/or third parties;
- Content that is the result of refers to and/or encourages the act of criminally sanctioned offense;
- Content that may cause or causes damage to other users. The spread of harmful Application such as computer viruses, malware, worms, trojans, and cancelbots falls hereunder;
- Spreading the unpermitted form of the commercial message through the Application, including junk mail, spam and chain letters.
If the Content does not meet this requirement Influo has a unilateral right to remove such Content from the Platform and use appropriate measures towards you, including removing your account from the Platform.
4.5 In order to be able to upload Content in the Application, a Creator must connect his account on one of the following social media platforms: Instagram, WordPress, Facebook, Youtube, Twitter, Snapchat or Pinterest. By connecting these platforms to the Influo account you give permission to Influo to publish your content in the Application and perform analytics of this Content.
4.6 When a Creator is sharing a Branded Content on his social media channels, he must clearly disclose his relationship with the Brand. It should be clear to your audience that there is a commercial relationship between you and the Brand. You must follow your countries advertisement guidelines, with the standard rule of including #ad. Make sure that all your advertisements are legal, decent, honest, truthful and non-discriminatory.
5. Service Fees
5.1 For the use of the Platform Influo may charge its users fees (“Service Fees”). Service Fees are identified in the Purchasing agreement and/or on our website www.influo.be. Influo may provide additional services to its users with Service Fees established upon mutual agreement.
5.2 All Service Fees are presented in EURO, exclusive of VAT and/or other taxes and charges.
5.3 Influo may at any time adjust the applicable fees and rates. You will be informed of any price changes within at least thirty (30) days prior to the review. The revision is only possible under a services agreement with a fixed term, of which at least twelve (12) months has passed since the start or since the most recent revision. You are deemed to agree to the adjustment unless you terminate the agreement by notifying Influo at the latest thirty (30) days after entry into force of the new rates. Such fee changes will not affect any payments made prior to the effective date of the fee change. A review based on the consumer price index is not regarded as a price adjustment within the meaning of this clause.
5.4 You are responsible for paying the Service Fees including all applicable taxes to the Influo. All Service Fees are non-refundable unless otherwise stated on the Influo Platform.
5.5 All the invoices should be paid on the account number BE88 0017 5294 9341 unless otherwise stated on the invoice. In the case of insufficient payment at the due date, interest at 1% per year is charged in combination with compensation for damages set at 10% of the invoiced amount, with the absolute minimum of 250€. These compensations will be due automatically and without the requirement of prior notification. Influo reserves the right to claim compensation for other damages due to this insufficient payment.
5.6 You can indicate your complaints regarding invoices towards Influo in writing and within ten (10) days after receipt of the invoice. The written notification must state the invoice date, invoice number and a detailed description of the complaint.
6. Requirements with regard to application, hardware, and knowledge
6.1 It is your sole responsibility to take all necessary measures that enable the right to use the Platform. The Platform is only fully functional and effective if you provide the required and prespecified hardware, (browser) Application and telecommunication facilities. It is your responsibility to ensure that the equipment and Application used, meet the system requirements as clearly communicated by Influo. You are also responsible for providing adequate protection of your hardware, (browser) Application and telecommunication facilities. You are responsible to provide adequate protection of your hardware against viruses, computer crime and unlawful use by third parties. Influo assumes no liability therefore.
6.2 You are responsible to take into account all the information about the operation of our Platform prior to use. Influo cannot be held responsible for the lack of accessibility due to improper behavior on the side of the user.
- Restrictions to use the Influo Platform
7.1 You are allowed to use the Application for the initially intended purposes only, as described by Influo in the additional documentation. It is your responsibility to ensure that Application is suitable for the intended use.
7.2 You are not allowed to use the Application for actions and behaviors that are contrary to the applicable legal provisions, morality and public order, the rights of third parties and the provisions of this Agreement. These include, among others, but not exclusively, the following actions and conducts:
- use the Application in the course of criminal or fraudulent activities;
- use the Application for unauthorized web scraping and spamming;
- use the Application for unauthorized or unwanted breaches of computer systems, including hacking and similar unauthorized actions;
- use the Application in the course of infringement of copyrighted works or otherwise acting in breach of the third party intellectual property rights;
- use the Application for the distribution of illegal and/or criminal information, including racist expressions, child pornography, criminal traffic, and insulting.
7.3 Influo reserves the right to take all reasonable and appropriate measures if the user is in breach with these Terms or any known obligations, the applicable legislation, the rights of third parties or generally accepted Internet code of conduct. Influo retains a broad margin of choice about taking punitive and remedial action and the scope of that measure, such as a temporary or permanent limitation of access to certain functionalities. Measures can be taken without prior warning and/or prior notice.
7.4 You must refrain from any use that is significantly higher than the use of an average user of our Application and additional services, so-called excessive use. This given the risk of harmful network or system overload of our Application and services. We will in case of excessive use, inform you about your behavior and commit to taking the necessary steps to reduce its use. The parties must enter into mediation in order to find a solution upon the written request of the Influo if the overload is of a structural nature. We reserve the right to suspend our obligations under these Terms so that the quality use of other users is guaranteed.
8. Term and Termination
8.1 This Agreement shall be effective from the day of registration of the user in the Application and is valid for an unlimited period of time until you or Influo terminate the current Agreement in accordance with this provision.
8.2 You can terminate this Agreement at any time by sending us an email or by deactivating your account in the settings. When terminating an account, all your activities on the Application will be canceled as well. For a Brand account it means that there will be no possibility of a refund and for a Creator account there will be no compensation. Content, related to a certain campaign will be available to other parties, ever after account deactivation.
8.3 Brand users account will be automatically put on hold after the agreed-upon time period, unless Brand clearly communicates its will to keep on receiving services of Influo and pays the required Services Fees.
8.5 In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by Influo and an opportunity to resolve the issue to Influo’s reasonable satisfaction.
8.4 Influo has the right to terminate the current Agreement unilaterally and immediately if you no longer meet the requirements of this Agreement for a period of two months or more, due to the situation of bankruptcy or debt settlement. Influo will notify you by email. Both parties will remain obliged to fulfill all their obligations until the receipt of such an email.
8.5 The termination of the Agreement implies that the user no longer has access to the Application and his Content. The deactivation of an account does not automatically imply that the account and the relevant Content are immediately and irrevocably removed. Influo undertakes the promise not to remove this content for at least fifteen (15) calendar days following the deactivation by the user.
8.6 Influo has the right to change, expand, limit or terminate the Platform at any time. Every user will be notified about any changes by email.
8.7 Users are not entitled to a reimbursement of the amount already paid for the remaining month of the term of the original Agreement if the current Agreement would take an end before the due date for any reason whatsoever.
8.8 If we take any of the measures described in this section 8 you may appeal such a decision by contacting us at email@example.com
9. Intellectual property
9.1 Influo reserves all intellectual property rights, including copyright and trademark, with regard to the Platform and all associated developments. Nothing in these Terms should be interpreted as a transfer of the intellectual property rights to a Brand or Influencer.
9.2 All logos, images, buttons, codes, layout, text, content, products and services as displayed on the Influo Platform (the “Platform Features”) are the intellectual property of Influo and will remain or be vested in Influo at all times. Your use of the Influo Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Platform Features or the Influo Platform. Influo, on a case by case basis and to the extent required, grants to you a limited, non-exclusive license to use the Platform Features solely for the purpose, and to the extent necessary, to enable you to use the Influo Platform.
9.3 Every user should be at all times aware of these intellectual property rights and should, therefore, withhold from any violations as they may lead to your liability. You are not allowed to remove, alter or obscure any references that indicate the intellectual property rights of Influo.
9.4 By uploading Content on our Platform, you grant Influo a non-exclusive, transferable, royalty-free and worldwide license to use, reproduce, process, and communicate this content to third parties in so far this is necessary for the proper functioning of the Platform. This license is not restricted in time. This license applies to all types of intellectual property rights involved. The license is required to guarantee the proper technical and functional operation of our platform, and the use of that license is limited to that aim.
10.1 Influo is only liable for any attributable major or repeated minor contractual and/or non-contractual breach, including any obligation of warranty, caused in the performance of its obligations under this Agreement. This liability is limited to direct damages resulting from the breach.
10.2 Influo is not liable for damages in connection with, or arising out of:
- Failure due to negligence, lack of knowledge, improper use or failure by the user to follow the instructions from Influo;
- Any breach of obligations by the user under this Agreement;
- The presence of viruses on the system or through the Internet or through downloaded data.
10.3 Influo is not liable for any indirect damages. Indirect damages must be understood as any form of consequential damages, such as lost profits, financial or commercial loss, increased overall costs, increased personal costs, damages due to loss of clients and suchlike damages. This list is not exhaustive. Influo is not liable for any damages due to the destruction and/or loss of data and/or documents. The abovementioned restrictions are not valid in case of fraud or wilful misconduct.
10.4 If you want to make a liability claim, you must notify us within two (2) weeks after the occurrence of the damage. Failure of notification will leave the claim without a result.
10.5 Both parties must protect each other from any third party claims that occur in the execution of the Agreement if these breaches cannot be attributed to the other party. This duty of preservation includes the duty to inform and provide all necessary measures to rebut claims but also indemnify any incurred damages due to the claim.
10.6 You will indemnify and hold harmless Influo against all costs, expenses, losses, and claims made against Influo as a result of any infringement of a third party’s intellectual property rights arising from your unauthorized use of the Platform under this Agreement.
10.7 The content of our Application could contain a link, hyperlink or framed link to other websites or other forms of electronic portals. A link does not necessarily mean there’s a connection between us and the third party website, neither do we (implicitly) agree with the content of those websites. We do not control third-party websites and are not responsible for the safe and correct functionality of the link and the final destination. As soon as you click on the link, you have left our Application and cannot hold us responsible for any damages. Those third party websites do not offer the same guarantees as we do, so we recommend consulting the User Agreement and Privacy Statement of those websites. You are essentially free to place a link, framed link or hyperlink to our Application, but we reserve the right to request a removal without giving a sufficient reason.
11. Force majeure
11.1 Influo is not obliged to fulfill its obligations in case of force majeure. Force majeure concerns any situation in which the execution of this Agreement is, wholly or partly, prevented due to a situation that was previously unforeseeable or, if foreseeable, unavoidable. In that case, all obligations of Influo, arising from this Agreement, shall be wholly or partially suspended for the duration of the force majeure situation. Influo is not liable for any damages due to the force majeure.
11.2 Either party has the right to terminate this Agreement immediately, unilaterally and without further ado by notifying the other party via email, if the force majeure is of permanent nature or persists for more than ninety (90) days.
12. Miscellaneous provisions
12.1 Not claiming a right by one of the parties under this Agreement despite eligibility does not constitute a waiver of rights.
12.2 The Belgian law is exclusively applicable to this Agreement. All disputes arising from this Agreement and the related agreements will be submitted to the competent court in Belgium. Parties are committed to resolving disputes as much as possible in mutual consent.
12.3 Influo may transfer the rights and obligations under this Agreement to a third party, at any time. This third party will be solely and fully responsible for the further implementation of the Agreement. This can be done without user consent, and without giving rise to any compensation.
12.4 If the operation or the validity of one of the above-mentioned terms is compromised, this does not affect the operation or the validity of the remaining terms of this agreement. In this case, Influo has the right to modify the compromised term to a valid one. The headings we use in our term are always just illustrative. No rights can be derived from this.
13. Your comments
13.1 If you have any comments, questions or concerns about these Terms do not hesitate to contact us at firstname.lastname@example.org and we will be happy to help you.