§ 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.
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 it’s 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,
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.
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.
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.