By using the www.influencer-impact.com website (“Influencer Impact” or the “Site”), the Customer agrees to be bound by the following Terms of Service, unless the terms have been expressly deviated from or modified through another written agreement between the Parties.
The Site is integrated with the Achoo ApS influencer marketing platform and is operated by mmi Analytics Limited, which are two companies owned by Wise Analytics Limited brought together for the core purpose of collectively marketing and promoting the use of influencer marketing tools and data (“Influencer Impact”).
Please read the following terms and conditions carefully (the "Terms") for the use of the Site which is operated by Achoo and mmi Analytics. By accessing and using the Site, you are agreeing to be legally bound by the Terms whether or not you register as a user. If having read the Terms you do not agree to be legally bound by them please exit the Site immediately. If you have any questions please contact support@influencer-impact.com.
A final agreement between the Customer and Influencer Impact is considered to have been finally concluded on these terms when the Customer has accepted the terms electronically or otherwise accepted to Influencer Impact in writing. None of the Customer rights and entitlements in these terms and conditions shall however apply for free trial programs and pilots as the rights and entitlements are considered valid for purchasing subscriptions only.
Influencer Impact reserves the right to change or vary the Terms at any time by posting changes online. Please review the Terms regularly to ensure you are aware of any changes made by Influencer Impact. Your continued use of the Site after changes or variations are posted means you agree to be legally bound by the Terms as updated and/or amended.
2.1 — Influencer Impact provides on-line cloud services, included in the Influencer Impact platform, as described on the website of Influencer Impact, enabling the Customer to work insightfully and effectively with different processes within the influencer marketing workflow. The Influencer Impact platform includes different applications:
(a) Listening: Monitor brand and competitor mentions on influencer platforms. Currently, listening is applicable on Blogs, Instagram and YouTube.
(b) Influencer Discovery: Discover relevant influencers from a continuing growing pool of millions of profiles using powerful filters including audience demographics and influencer data such as country, gender, active social media platforms, reach, engagement, impact and topics of interests.
(c) Influencer Groups: Set up customised groups to manage both existing collaborating influencers but also prospects. Monitor influencers’ activities and add notes to individual influencers for easy tracking of relationship status.
(d) Campaigns: Set up campaigns with brief and requirements. Hereafter, invite and activate relevant influencers. Then track the individual influencers’ as well as overall campaign performance and posts.
(e) Measure: Build customised insightful reporting with a selection of a wide range of reporting modules or simple look at Influencer Insights and Demographic Reports.Reports can be auto-scheduled and downloaded as PDF for easy sharing.
2.2 — Depending on the subscription, Influencer Impact includes different monthly usage limits of the above applications, delivered as a software as a service application: (i) Number ofListening Mentions; (ii) Number of Influencers showing up in each search; (iii)Number of Demographic Reports extracted; (iv) Number of Managed Influencers inGroups; (v) Number of Activated Influencers in Campaigns; and (vi) Number ofReport Exports.
2.3 — At any time Influencer Impact reserves the right to develop and improve its services and product features, including their functionality in such a way as deemed appropriate or necessary by Influencer Impact. Influencer Impact may not suspend or discontinue the subscribed service without informing the Customer with a notice corresponding to their subscription period, unless it’s a matter of short-term maintenance, support and service communicated to the Customer. Influencer Impact may, however, for necessary support or maintenance and/or ongoing innovation and development, limit, change, suspend or discontinue any product feature in relation to the services for any reason, at any time, including the availability of any product feature at its sole discretion without notice or liability. Any changes will be notified to the Customer.
2.4 — Influencer Impact assumes no responsibility for any failure in providing the services and Influencer Impact reserves the right to change any information about Influencer Impact's services and products or third-party's services and products on the websites of Influencer Impact and others, including partner's websites, in brochures and other materials. Influencer Impact does not warrant the correctness of any images, descriptions of products and services and specification of data in Influencer Impact's material on websites or elsewhere.
3.1 — The use of Influencer Impact Services requires payment of a license subscription based on agreed usage. The following pricing and payment terms are binding, unless the terms have been expressly deviated from or modified through another written agreement between both Parties.
3.2 — All prices are default in Euro (EUR). All prices are exclusive of any taxes, VAT, fees, levies or duties imposed by tax authorities. Influencer Impact reserves the right to change its prices but shall adapt notice to the remaining subscription period.Any price increase at subscription renewal will be agreed upon with the Customer. All payments and billing are non-refundable. Customer purchased services other than the agreed license subscription, are aligned to the price and terms of the purchase.
3.3 — Terms of subscription payment are net cash, monthly or yearly up front and in advance of the commencement of the subscription period unless other is agreed. Alternatively, Customers may request different subscription or payment period compared to an annual plan, which will lead to a premium on the annual subscription price. If payment is made through credit card services or similar transaction services, fees will be billed to the Customer.
3.4 — In the event of late payment, Influencer Impact may charge interest from the due date at a rate of 2.5 % per month. Influencer Impact reserves the right to close the Customer's access to Influencer Impact without notice if payment has not been made in time, and after one reminder plus seven working days. If the access is closed, the Customer is still under an obligation to pay until the Customer could have terminated the agreement at the notice specified in clause 12. If the Customer payment is received within the subscription period, and there are no other amounts outstanding, Influencer Impact is obligated to re-open the access.
4.1 — The use of Influencer Impact is unlimited within the agreed subscription, unless Customer is using the services in an unusual way outside the purpose of the services. In such case Influencer Impact retains the right to limit or halt service to a Customer and the Customer may be contacted by Influencer Impact with a tailored commercial proposal. Influencer Impact acknowledges, that an unusual way outside the purpose of the services might not be intentional and Influencer Impact is obligated to invoke the fair use policy to the Customer if an instance occurs, with one-week notice, to find a mutually agreeable solution, as well as Influencer Impact must document the point of over usage. In the case that there will be no agreeable solution or plan arranged, Influencer Impact can limit or halt services until the situation is resolved.
5.1 — Customers will have access to online support through Influencer Impact's website within the Influencer Impact platform. Requests shall include a detailed description of the issue. Influencer Impact creates a support case with feedback directly to the sender. Influencer Impact support undertakes to respond and initiate a corrective action process within a reasonable time and no later than the next business day, defined as Monday to Friday GMT time zone from 9:00am to 5:00pm excluding British public holidays.
5.2 — Influencer Impact will notify Customers on ongoing roadmap and product launches.
6.1 — The Customer is Data Controller and has the sole responsibility for the data when using the Influencer Impact services, including to observe the acts on the processing of personal data, and that the actual use of services does not infringe the rights of a third-party, including the employees of the Customer and other data subjects. Influencer Impact is the Data Processor. The subject matter and the purpose of the processing by Achoo ApS is delivery of the service. The personal data processed, and types of data subjects comprises ordinary personal data like names and email addresses of users from the Customer in order to create login details to the Influencer Impact platform for the Customer’s users. The processing operations/activities include transfer of data from/to Customer from/to Influencer Impact.
6.2 — Influencer Impact has implemented appropriate technical and organizational measures in such a manner that its processing of personal data will comply with applicable data protection law, in particular Regulation (EU) 2016/679 of the EuropeanParliament and the Council of 27 April 2016 (GDPR) and ensure the protection of the rights of the data subject. Influencer Impact undertakes only to process personal data in accordance with documented instructions communicated by the Customer as DataController, unless required to do so pursuant to the applicable law. In such case Influencer Impact shall, to the extent permitted by law, inform the Customer of that legal requirement before such processing takes place. Influencer Impact shall inform the Customer if Influencer Impact does not have an instruction for how to process personal data in a particular situation or if any instruction infringes the applicable data protection law.
6.3 — Influencer Impact shall, taking into account the nature of the processing, assist the Customer with the fulfilment of the Customer obligation to respond to requests for exercising the data subject's rights, through appropriate technical and organizational measures as possible, given the nature of the processing. The data subject’s rights include hereunder the rights to request information and for personal data to be corrected, blocked or erased at their request. Influencer Impact shall assist the Customer in fulfilling specific obligations under applicable data protection laws, taking into account the nature of the processing and the information available to Influencer Impact. Specific obligations are hereunder pursuant toGDPR art. 32 regarding security of the processing, art. 33 – 34 regarding notification of data breaches and art. 35 – 36 regarding data protection impact assessments and prior consultations.
6.4 — Influencer Impact undertakes to make available to the Customer all information and all assistance necessary to demonstrate compliance with its obligations according to this clause 6 and allow for and contribute to audits, including on-site inspections, conducted by Customer or another auditor mandated by the Customer. Influencer Impact has the obligation to report a personal data breach immediately to the Customer within no later than 48 hours from the breach.
6.5 — Influencer Impact shall maintain adequate security for the personal data hereunder and protect the personal data against destruction, modification, unlawful dissemination, or unlawful access. The personal data shall also be protected against all other forms of unlawful processing. Influencer Impact shall prepare and keep an updated description of its technical, organisational and physical measures to be and maintain compliance with the applicable data protection law. Influencer Impact ensures that any persons involved in the processing of personal data have committed themselves to confidentiality or are under proper statutory obligation of confidentiality.
6.6 — Customer approves that Influencer Impact has retained Google and Amazon as sub processors to host the services. Influencer Impact shall inform the Customer of any intended changes concerning the addition or replacement of sub processors, with a right for the Customer to object. Influencer Impact ensures that sub processors are bound by written agreements that require them to comply with corresponding data processing obligations to those contained in this section. Influencer Impact remains fully liable to the Customer for the performance of the sub processor's obligations regarding data protection.The Customer may request that Influencer Impact audits the sub processor or provides confirmation that such an audit has occurred, or, where available, obtains or assists the Customer in obtaining a third-party audit report concerning sub processor’s operations to ensure compliance with applicable data protection laws. Sub processors of Influencer Impact are always defined as Influencer Impact hosting partners. The data processor gives the possibility for the data controller to link and play content and data in the solution from third-party sub-contractors. In such case the Data Controller decides to make use of this, the Data Processer cannot be the responsible party and data processor responsible.
6.7 — The undertaking of the agreed processing of personal data shall be carried out exclusively within a member state of the European Union (EU) or within a member state of the European Economic Area (EEA). Each and every transfer of personal data to a state which is not a member state of either the EU or the EEA requires the prior written consent of the Customer and shall only occur if the specific conditions in applicable data protection law hereunder of articles 44- 50 of the GDPR have been fulfilled. The Customer can at any time withdraw its consent to third country transfers.
6.8 — This clause 6 shall apply during such time Influencer Impact processes personal data on behalf of the Customer. Upon Customer’s request, termination or expiry of the service, Influencer Impact shall cease its processing activities, and, at the choice of the Customer delete or return all the personal data to the Customer and deletes existing copies of such data, unless otherwise required under the applicable data protection law.
7.1 — Certain services delivered by Influencer Impact render it possible for the Customer to elect to use third-party deliveries and services. This is solely upon the choice of the Customer.If this is the case, the Customer is under an obligation to comply with the third-party's terms of use, including the third-party's license terms for use.The entity providing the services has the sole and exclusive responsibility for availability, maintenance, bug fixing, support and proper functioning of the respective services. Influencer Impact can in no way be made liable towards such third-parties for the Customer failure to pay for such services or the Customer failure to obtain required permissions from the third-party, and Influencer Impact has no responsibility or liability with regard to any third-party services used by the Customer on or through Influencer Impact services. The Customer acknowledges that the technical ability to link to such services is provided only as part of the services but is not deemed as to create any liability or responsibility on behalf of Influencer Impact. Such third-party entities are not sub processors to Influencer Impact and the Customer has the full liability with regard to necessary data protection and any data processing performed by such third-parties on behalf of the Customer.
7.2 — Influencer Impact uses YouTube API Services to access some of the data provided by the Influencer Impact platform, as such, by agreeing to Influencer Impact Terms and Conditions, the Customer also agrees to YouTube’s Terms of Services (https://www.youtube.com/t/terms).
7.3 — By using Influencer Impact platform for Influencer Marketing Campaigns you agree to adhere to the platform policies and terms of service for the target platform of choice. For Campaigns running on Instagram you must not use our tool in an attempt to build an ad network, like or follower exchange programs, or for any other disallowed purpose in their Terms of Use (https://help.instagram.com/581066165581870) or their Platform Policy (https://www.instagram.com/about/legal/terms/api/).
8.1 — TheCustomer acknowledges and accepts that Influencer Impact is the owner of all rights to the Influencer Impact software and the service used and other intellectual property rights, and that this agreement does not entail an assignment of such rights, but only entails that the Customer can use such rights in compliance with the assumed use in the contract terms and if the Customer pays therefore.
9.1 — Irrespective of the basis on which a claim is advanced, hereunder defects, delay, product liability etc. and irrespective the degree of negligence, Influencer Impact and its management and employees are not liable for the Customer’s direct or indirect losses or consequential losses such as, but not limited to, business interruption, loss of profits, loss of data, software, costs in connection with re-establishment and/or updating thereof, loss of goodwill, distortion of messages, loss of expected savings etc. Influencer Impact's liability for any loss or damage is limited to the amount paid by the Customer for the Influencer Impact services or lack of same, on which the claim is based, however, no more than the sum of six months' subscription payments from the Customer to Influencer Impact.
9.2 — Influencer Impact and its management and employees are under no circumstances liable to the Customer when the following events occur after the conclusion of the agreement and which prevent or postpone the performance of the agreement: Force majeure, such as war and mobilisation, revolution and unrest, acts of terrorism, natural disasters, strikes and lockouts, or other circumstances beyond Influencer Impact's direct control. In such case, Influencer Impact is entitled to postpone delivery until the performance impediment has ceased or alternatively cancel the agreement without liability/without having to pay damages.
10.1 — Influencer Impact is entitled to assign all rights and obligations under these terms and any concluded agreement with a Customer to a new contractor, in such case the assigned contractor acquires the majority of Influencer Impact and fullfills the agreement with the Customer. The Customer is not entitled to assign its rights and obligations under the parties' agreement to a third-party without Influencer Impact's prior acceptance.
11.1 — All communication with Influencer Impact must be in English.
12.1 — Either Party may terminate the agreement at one month's written notice before the end of the subscription period. Payments already made by the Customer, including prepayments or billing, are not reimbursed in the event of termination. If the subscription is not terminated with one month's written notice before the end of the subscription period, Customer accepts that Influencer Impact continues to charge the subscription regardless whether the services are used or not, and automatically renews the subscription if not terminated timely.
12.2 — After expiry of the subscription period, Influencer Impact has the right to delete the Customer data.
13.1 — The Parties undertake for an indefinite period of time to otherwise keep all circumstances secret vis-a-vis any unauthorised third party to which a Party has obtained knowledge about the other Party or its activities as a result of the cooperation.
13.2 — Influencer Impact is entitled to publish Customer logos and confirm to other Parties that the Customer is a Customer of Influencer Impact, if the Customer relationship remains in force.
14.1 — Any dispute must be determined in accordance with Danish Law. Each Party submits to the jurisdiction of the District Court of Copenhagen, Denmark. Any dispute will be carried out in Danish and/or the English language.
15.1 — If any part of these terms is deemed to be unlawful and invalid and thus unenforceable, this will not affect the validity and the enforcement of the remaining parts of these terms.