Influencio | Terms of Service

Terms of Service for Influencers

Effective on October 10, 2021

1 ACCEPTANCE TERMS 1.1 By accessing the website www.influencio.dk (“Platform ”, “Service”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark law.

1.2 Upon the utilization of the services provided by Influencio, you agree to all of these terms. Your use of our services is also subject to our Privacy Policy and Cookie Policy, which covers how we collect, use, share, and store your personal information. Influencio is also bound by GDPR, a regulation in EU law which is further emphasized under our Privacy Policy.

1.3 Please note that Influencio ApS (“Platform”, “Service”, “Influencio”) reserves the right to update and modify these terms due to potential legal regulations or other circumstances. Should any changes arise, the effective date will be updated and Company will be notified.

2 APPLICATION/CONTRACT 2.1 When clicking “Join Now”, “Sign Up”, “Join Influencio” or similar, registering, accessing or using our platform, you are agreeing to enter into a legally binding contract with Influencio ApS (even if you are using our platform on behalf of a company). If you do not agree to this contract (“Contract” or “Terms of Service”), do not click “Join Now” (or similar) and do not access or otherwise use any of the features of our platform. You can terminate this contract at any time by closing your account and no longer accessing or utilizing our services. Users of the Platform are bound by following terms and conditions. These apply in the advent of Influencers agreeing to collaborate with companies through the Platform.

Influencers are using the services of the Platform as soon as a profile has been set up, and is engaging in collaborations with companies by content creation, branding, advertising and other larger or smaller campaigns.

These terms and conditions may forego alterations due to potential legal regulations or other changes explaining why Influencio is responsible for responding to such alterations. Should any changes be made, the effective date at the top will be updated and Users will be notified.

2.2 Influencers signing up and utilizing our Service are obligated to adhere to certain rules and regulations. These may, without limitation, include:

Sponsorship Rules: According to Law, influencers have rights and obligations when collaborating with companies. As an influencer, you are obligated to ensure that every sponsored post is clearly marked/tagged so that there it is clear a paid collaboration was established i.e. using hashtags (#): “ad” as well as tagging the brand or company name part of the collaboration. Compensation: All collaborations established through the use of our Service between companies and influencers will involve compensation. Typical compensation include the transfer of money, sponsored or free products/services, gift cards etc. Influencio ApS is not responsible for the remuneration of any of the aforementioned. All collaborations are exclusively established between the influencer and the company using our Service. Hence, all compensation is determined and agreed between the company and the influencers. Tax Obligations: Influencers are responsible and liable for all tax obligations with respect to compensation. The laws governing tax obligations may differ from country to country, and it is thus the influencers’ responsibility to ensure that domestic tax laws are being respected.

3 COMMUNICATION AND SUPPORT 3.1 Both the companies and the Influencers, as Users of Influencio, are obligated to utilize the Platform’s chat/mail function for all communication between the parties. This entails any communication during a campaign, in extension of a campaign and after a campaign.

3.2 The Influencer will have access to online support through Influencio’s chat function and Influencio seeks to assist the Company in providing a solution for the issue within 24 hours.

4 DATA PROCESSING 4.1 The processing of data by Influencio is managed in compliance with the Personal Data Act and the Data Protection Regulation (GDPR) – more about GDPR can be found under our Privacy Policy. Influencio is responsible for all personal data processed on the platform, and assures to maintain adequate security for the personal data and protect the personal data against deterioration, modification, unlawful dissemination, or unlawful access. Upon request, Influencio is obligated to explain the data being processed about the Influencer or if the Influencer wishes to change any data or delete any data. However, the data is not protected by encryption during transmission nor by its subsequent storage. All personal data is stored for up to five years until it is deleted, and is stored only in order to be able to claim its obligations in connection with its relevance to the business conducted by Influencio, its users and the Influencer. None of the registered personal data will not at any time be transferred, made available or sold to third-parties unless this is necessary for Influencio to deliver its services to the individual agreement with the Influencer.

5 DISCLAIMER 5.1 Influencio cannot be held responsible for the collaborative relationship between the Influencer and the companies, be it in relation to any complications of a company’s breach of the agreement with the Influencer, including payment, as well as the Influencer’s breach of the agreement with a company, by, for example, defaulting on the requirements of individual campaigns. Influencio is therefore not liable for any operating losses, damages, other costs or losses of any other kind associated with the relationship between the influencers and the Influencer.

5.2 It is the Influencer’s sole responsibility to comply with domestic Law regarding marketing and the utilization and application hereof. Influencio renounces any responsibility that may arise in connection with the collaboration between the Influencer and any company.

5.3 Influencio cannot be held responsible for any losses due to crashes, delays and/or errors on the platform. This also applies to the use of other platforms closely associated with the business framework of Influencio such as Facebook, Instagram, YouTube, and personal blogs operated by the influencers.

6 FORCE MAJEURE (LIMITED LIABILITY) 6.1 Influencio are under no circumstances liable to the Influencer when events beyond Influencio’s direct control occur. These events include force majeure such as war, revolution and unrest, natural disasters, strikes and lockouts, or other circumstances beyond Influencio’s direct control. In given case, Influecio is entitled to postpone delivery of its services until the performance impediment has ceased or alternatively terminate the agreement without liabilities hereof.

7 NON-DISCLOSURE 7.1 Influencio is entitled to publish the publicly available part of an Influencer’s social media account and confirm to other Parties that the Influencer is a User of Influencio, if the Influencer’s engagement on Influencio remains intact.

8 LIMITATIONS 8.1 In no event shall Influencio ApS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Service provided by Influencio ApS, even if Influencio ApS or a Influencio ApS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9 ACCURACY OF MATERIALS 9.1 The materials appearing on the Platform could include technical, typographical, or photographic errors. Influencio ApS does not warrant that any of the materials on its website are accurate, complete or current. Influencio ApS may make changes to the materials contained on its website at any time without notice. However, Influencio ApS does not make any commitment to update the materials.

10 LINKS 10.1 Influencio ApS has not reviewed all of the sites linked to its Platform and is not responsible for the ocntents of any such linked site. The inclusion of any link does not imply endorsement by Influencio ApS on the site. Use of any such linked website is at the user’s own risk.

11 TERMINATION 11.1 Influencio and/or the Influencer may terminate the account at any time. The account termination may be subject to a duration of 30 days, but the Influencer will be removed from the Platform as a potential candidate for a company.

11.2 Upon deletion of an Influencer’s account, Influencio reserves the right to delete the Influencer’s data on the platform.

12 LAW AND VENUE 12.1 These terms and conditions are governed by and construed in accordance with Danish Law and in the event of any dispute, each Party submits to the exclusive jurisdiction of the District Court of Copenhagen, Denmark.

Terms of Service for Companies

Effective on October 10, 2021

1 ACCEPTANCE TERMS 1.1 By accessing the platform www.influencio.dk, the Company agrees to be bound by these terms of services, all applicable laws and regulations, and agree to be responsible for compliance with any applicable local laws, unless the terms have been modified and explicitly stated thereupon in separate written agreement between both Parties. If the Company does not agree with these terms, the Company is prohibited from accessing and using this platform. The materials contained on this platform are protected by applicable copyright and trademark law. Usage of this platform is ultimately concluded upon the Company’s electronic or written acceptance of these terms.

1.2 Please note that Influencio ApS (“Platform ”, “Service”, “Influencio ”) reserves the right to update and modify these terms due to potential legal regulations or other circumstances. Should any changes arise, the effective date will be updated and Company will be notified.

2 SERVICES 2.1 Influencio facilitates an online community for active social media influencers and provides services enabling the Company to benefit from this community through subscription models. The primary Service is a platform connecting the Company with influencers essentially to create a commercial collaboration between the two Parties. The service applications offered by Influencio encompasses multiple features depending on the selected subscription model:

Influencio seeks to minimize the Company’s time spent finding the right influencer for a campaign by providing the necessary tools to make the search as efficient as possible, while simultaneously creating opportunities for influencers to find the Company. Influencio incorporates two primary functions to carry out this process:

  1. Exploration and Discovery
  2. Creating opportunities through campaigns/job ads
  3. Connecting professional influencers across the globe in a network-oriented community

Depending on the selected subscription model, the Company can freely explore and navigate throughout the Platform utilizing filter features such as nationality, industry, follower demographics etc. to narrow the search for the desired influencer. Simultaneously, the Company is able to create campaigns which will be available to all influencers on the platform. In the description of the campaign, the Company must explicitly state the campaign requirements and what is offered in return for influencers. Moreover, the Company must describe what is expected from the campaign collaboration with the influencer(s), the compensation associated and agree to submit a review post-collaboration for the influencer(s) to post on their resumé.

2.2 Influencio actively engages in further developing the Platform to improve its services to the Company, and thus reserves the right to change or re-develop features and essential functionality in this endeavor. If deemed necessary, Influencio reserves the right to temporarily suspend activity, at any time, on the Platform for maintenance purposes without discontinuing the Company’s subscription. However, in such instance the Company can expect to be notified and informed in advance regardless of the maintenance criticality.

2.3 Influencio assumes no responsibility for any failure in providing the services to the Company, and Influencio reserves the right to change any information about Influencio’s services and products or third-party’s services and products on the websites of Influencio and others, including partner’s websites, in brochures and other materials. Influencio does not warrant the correctness of any images, descriptions of products and services and specification of data in Influencio’s material on websites or elsewhere.

3 PRICING 3.1 Influencio offers three different subscription models, as well as the possibility of one-time payments for campaigns:

Subscriptions

Basic: Free

Professional: EUR 99

Enterprise: Upon agreement

3.2 Influencio reserves the right to regulate above prices. In the event of price changes, the Company will be notified in advance and must agree with any increase upon renewal of subscription. All prices are default in Euro (EUR), and are exclusive of any taxes, VAT, fees, levies or duties imposed by tax authorities.

4 PAYMENT 4.1 Payments are processed via card. Influencio utilizes the payment processing platform Stripe, and thus, none of the Company’s credit card information will be stored. The Company’s subscription is renewed automatically, unless the Company or Influencio has terminated the subscription agreement. Influencio accepts payments via VISA and MasterCard.

4.2 The Company is billed monthly on its selected subscription, and will receive a receipt corresponding to the subscription. The receipt is generated by a link send to the Company’s e-mail. Should the Company’s payment information expire or change preventing the payment from being processed, the Company will be informed by e-mail. The Company is always able to change this e-mail upon confirmation from Influencio.

5 COMMUNICATION AND SUPPORT 5.1 Both the Company and the influencers, as Users of Influencio, are obligated to utilize the Platform’s chat/mail function for all communication between the parties. This entails any communication during a campaign, in extension of a campaign and after a campaign.

5.2 The Company will have access to online support through Influencio’s chat function and Influencio seeks to assist the Company in providing a solution for the issue within 24 hours.

6 DATA PROCESSING 6.1 The processing of data by Influencio is managed in compliance with the Personal Data Act and the Data Protection Regulation (GDPR) – more about GDPR can be found under Privacy Policy. Influencio is responsible for all personal data processed on the platform, and assures to maintain adequate security for the personal data and protect the personal data against deterioration, modification, unlawful dissemination, or unlawful access. Upon request, Influencio is obligated to explain the data being processed about the Company or if the Company wishes to change any data or delete any data. However, the data is not protected by encryption during transmission nor by its subsequent storage. All personal data is stored for up to five years until it is deleted, and is stored only in order to be able to claim its obligations in connection with its relevance to the business conducted by Influencio, its users and the Company. None of the registered personal data will not at any time be transferred, made available or sold to third-parties unless this is necessary for Influencio to deliver its services to the individual agreement with the Company.

7 DISCLAIMER 7.1 Influencio cannot be held responsible for the collaborative relationship between influencers and the Company, be it in relation to any complications of the Company’s breach of the agreement with an influencer, including payment, as well as an influencer’s breach of the agreement with the company, by, for example, defaulting on the requirements of individual campaigns. Influencio is therefore not liable for any operating losses, damages, other costs or losses of any other kind associated with the relationship between the influencers and the Company.

7.2 It is the Company’s sole responsibility to comply with current Danish Law regarding marketing and the utilization and application hereof. Influencio renounces any responsibility that may arise in connection with the collaboration between the Company and any influencer.

7.3 Influencio cannot be held responsible for any losses due to crashes, delays and/or errors on the platform. This also applies to the use of other platforms closely associated with the business framework of Influencio such as Facebook, Instagram, YouTube, and personal blogs operated by the influencers.

7.4 Influencio reserves the right to make any unintentional errors or emissions in the instructions or information accessed by users of Influencio’s platform. Therefore, Influencio cannot be held responsible for any circumstances of such nature.

8 FORCE MAJEURE (LIMITED LIABILITY) 8.1 Influencio are under no circumstances liable to the Company, even after the establishment of an official subscription/agreement, when events beyond Influencio’s direct control occur. These events include force majeure such as war, revolution and unrest, natural disasters, strikes and lockouts, or other circumstances beyond Influencio’s direct control. In given case, Influencio is entitled to postpone delivery of its services until the performance impediment has ceased or alternatively terminate the agreement without liabilities hereof.

9 NON-DISCLOSURE 9.1 Influencio is entitled to publish the Company’s logos and confirm to other Parties that the Company is a customer of Influencio, if the Company’s engagement on Influencio remains intact.

10 TERMINATION 10.1 Influencio and/or the Company may terminate the agreement at one month’s written notice prior to the current expiry date of the subscription. In the advent of termination, the Company will not be reimbursed for any payments already made. If the subscription is not terminated with one month’s written notice prior to the current expiry date of the subscription, the Company accepts to have the subscription automatically renewed and thus continue to be billed by Influencio regardless of the services being utilized or not.

10.2 Upon expiration of the Company’s subscription, Influencio reserves the right to delete the Company’s data on the platform.

11 LAW AND VENUE 11.1 These terms and conditions are governed by and construed in accordance with Danish Law and in the event of any dispute, each Party submits to the exclusive jurisdiction of the District Court of Copenhagen, Denmark.