General information and applicability
A. Applicability
1.1 BeInfluence SPRL is a Belgian company having its registered office at 175, Rue Bara 1070 Anderlecht (Belgium), registered at the Crossroads Bank for Enterprises under number 0677.512.237 (hereinafter “BeInfluence” or “us” or “we” or “our”).
1.2 The present Terms of Use (hereinafter the “Terms”) govern the access to and the use of our mobile application, including any functionalities and services offered by BeInfluence on the application (hereinafter, the “Application”), by any natural or legal person[B1] duly registered on the Application in accordance with section 2 of these Terms (the “Influencer” or “you” or “your”).
1.3 By accessing and using the Application, you represent and warrant that you are legally authorised to enter into a binding contract. Influencers who are under eighteen (18) years old shall not be bound by the present Terms and shall not be authorised to access nor use the Application, without having obtained prior parental approval or approval from their legal guardian.BeInfluence and the Influencer may hereinafter also be referred to as the “Parties” or each individually as a “Party”.
B. Acceptance
1.4 By accessing and using the Application, the Influencer accepts without any reservation the terms and guidelines governing the access to and the use of the Application set out in the present Terms. Acceptance will further extend to the other legal documentation available on the Application, including our privacy policy[B4] .
C. Modification
1.5 BeInfluence may bring changes to the present Terms from time to time. The most current version of the Terms will always be displayed on the Application or can be requested by sending us an email to hello@beinfluence.eu. The updated Terms will enter into force with immediate effect and will apply to all campaign contracts (referenced under section 3, point D., hereunder) entered into with us after the entry into force of the updated Terms. On top of these Terms, you will be able to check the date on which we last implemented changes to the Terms. In the event you disagree with the updated Terms, you are free to terminate your Account (see section 5 below).
D. Contact
1.6 Should you have any question, suggestion, or complaint about the present Terms, you can send us an email to hello@beinfluence.eu or you can send a letter to the address referenced above.
Please read these Terms carefully before accessing and using the Application.
2. Access to and registration on the Application
2.1 The Application offers a platform through which the Influencer, in exchange for an appropriate remuneration[B5] [k6] [LDU7] (see section 3, point B. below), can collaborate with any natural or legal person relying on the influencer marketing services of BeInfluence (the “Client”) for the purposes of an influencer communication campaign (hereinafter, the “Campaign”).
A.Access to the Application
2.2 As a first-time user, you must first register on the Application to create a personal account (the “Account”). Registration on the Application is free of charge.
2.3 If you are already registered, you can access the Application by logging in using your registration information, namely your email and password (see point C. below).
B.BeInfluence Analytics
2.4 Upon registration, we ask you to grant us access to the statistical data related to the social media platform(s) (hereinafter, the “Medium”) on which you are active by connecting the Application with your Instagram Business Account (the “IG Business Account”).
2.5 To enable us to retrieve the relevant statistical data of your IG Business Account through the Graph API, you must first connect your Facebook Account to your IG Business Account.If you have already created an IG Business Account, you can access the Application by clicking on the “logging in with Facebook”-button displayed at the bottom of the Application webpage. Otherwise, you will first need to switch your account to an IG Business Account by clicking on the link provided and following the on-screen instructions.
2.6 Once you are successfully logged in with Facebook, we ask you to associate BeInfluence Analytics with your Facebook account. You can access BeInfluence Analytics’ privacy policy by clicking on the link provided at the bottom of the webpage[B8].
2.7 We then ask you to choose the pages you wish to use with BeInfluence Analytics and to determine what BeInfluence analytics will be entitled to do with the chosen pages, notably:
- display a list of the webpages you manage,
- read the content published on a webpage,
- manage the accounts,
- settings and webhooks of a webpage,
- read user-content on your webpage,
- and create and manage advertising on a webpage.
2.8 Please be aware that BeInfluence Analytics might not function properly if some of the above options are deactivated.
2.9 Once you have entered your final selection, press “Finish” to connect BeInfluence Analytics to your Facebook account. You can always manage what BeInfluence Analytics will be entitled to see and do by updating your settings clicking on the “Settings” tab.
C.Registration information
2.10 You will then be asked to enter your personal registration information such as your name, surname, date of birth, language preferences and address. You may also add your bank account details.
2.11 Please note that you are responsible for providing information that is accurate, complete, and up-to-date, and for keeping this information up-to-date. Your username (email address) and password are confidential. You acknowledge that this information may not be shared with any other person or entity. Should you become aware of any breach of security or any unauthorised use of your username and password, you must contact us promptly by sending us an email to hello@beinfluence.eu. BeInfluence reserves the right to take all the necessary measures based on its sole discretion.
2.12 Upon registration, we ask you to share your interests by selecting several items from a predetermined list and to choose the Medium on which you are active. For each selected Medium, we ask you to reference your username and your number of followers (the “Audience”).
D. Account approval
2.13 Once your Account has been configured, we will check your profile and get back to you within fourty-eight (48) hours. To approve your Account, we check the following minimum requirements:
- your Audience, which must in any case be higher than five-hundred (500),
- the engagement rate, which can vary from one (1) to four (4) percent (%) depending on your Audience,
- and a minimum of ten (10) posts on one of the referenced Medium. These posts are also checked with respect to their quality.
3.Services provided on the Application
A. Find a Campaign
3.1 Upon approval of your Account, you can scroll down the available Campaigns displayed on the Application home page. You can learn more about each of the Campaigns’ specifics (the “Campaign Description”) by clicking on the “view”-button. You will then be provided with the following elements, without this list being exhaustive:
- a description of the Campaign and its starting date,
- what is requested from you in relation to the disclosing of posts and stories (the “Publications”) on the relevant Medium,
- the Audience requirements,the Medium on which the Campaign will take place,
- the method of remuneration,
- …
You can take part in a Campaign by clicking on the “join”-button.
B. Campaign remuneration
3.2 Upon selection of a Campaign, we ask you to enter the figure of the remuneration your charge. This figure shall be referenced in euros (EUR).
3.3 If the method of remuneration referenced for a specific Campaign does not include any financial remuneration, please note that this page will not be displayed on the Application. As mentioned in point A. above, you will be informed of the method of remuneration for each Campaign.
C. Campaign approval
3.4 While you await our final approval with respect to the chosen Campaign, you may still cancel your selection and choose another Campaign.
3.5 We will notify you of your Campaign participation status through the “Notifications” tab displayed at the bottom of the webpage.
D. Campaign contract
3.6 Upon your Campaign approval, you will be redirected on the Campaign page displayed on the Application to sign the Campaign contract (hereinafter, the “Contract”).
3.7 We ask you to share the following information with us before generating the Contract, namely:
- your home address,
- your shipping address, and
- your bank account number.
3.8 By clicking “Confirm”, you will be redirected to the page where you can sign the Contract.
3.9 By clicking the “Confirm”-button, you confirm that you have read the Contract and that you agree to the present Terms. You will then have entered into a binding Contract with us.
3.10 A copy of the Contract will be sent to the email address linked to your Account.
E. Campaign submissions
3.11 Upon confirmation, you will be provided with information about the Campaign’s starting date and duration.
3.12 For each Campaign, you can upload media and other visual elements including, but not limited to, drawings, photographs, etc. (hereinafter, the “Media”) and your Publications. You are required to submit all Media and Publications relating to the Campaign for review on our end. We reserve the right to refuse to approve your Media and Publications submitted at our sole discretion, notably in the event they do not reflect the Campaign Description nor the creative strategy and/or storytelling of the Campaign (the “Pitch”) on which you have been briefed.
3.13 For each Campaign, we ask you to at least use[k9] [k10] [LDU11] the hashtags referenced in the Campaign Description.
3.14 We will notify you upon approval of your Media and Publications submissions through the “Notifications” tab displayed at the bottom of the webpage.
3.15 In the execution of the Campaign, you are only allowed to disclose Media and Publications for which notification of approval has been granted. Your Publications must be limited to the Pitch on which you have been briefed.
3.16 All Media and Publications should be shared with “Public”. You may therefore have to change your privacy settings on each relevant Medium.
F. End of the Campaign
3.17 The Campaign ends upon expiry of the Campaign duration referenced in the Campaign Description and in the Contract.[B12] [k13] [LDU14]
4.Content communicated through the Application
4.1 You are solely responsible for all the information and contents (hereinafter, the “Content”) that you communicate through the Application or for the Content that is linked to your Account on the Application.
4.2 When accessing and using the Application, and when communicating Content through the Application, you commit to respect all legislation and regulations in force, and in particular, without this list being exhaustive, to:
- only communicate information that is accurate, complete, and up-to-date, and to keep this information up-to-date:
- preserve the confidentiality of your Account and Account information, your username and your password. You undertake to notify us promptly should you become aware of any breach of security or any unauthorised use of your username and password, by sending us an email to hello@beinfluence.eu;
- refrain from impersonating any person or entity for the purpose of accessing and using our Application;
- refrain from stalking, harassing or otherwise entering into contact with another user of the Application who has made it clear he did not want to be contacted,
- protect all data and/or software stored on your device (mobile phone, tablet, …) against any attack;
- refrain from posting, publishing, downloading, sending, transferring or otherwise making accessible Content that is, without this list being exhaustive:
- invasive of another person’s privacy or includes personal information about another person without the latter’s explicit consent;
- fraudulent, false or misleading;
- defamatory, libellous, offensive, denigrating, vulgar, obscene, shocking, (paedo)pornographic, paedophile;
- discriminatory, racist, intolerant, hateful or inciting hatred or harassment against an individual or group;
- unlawful, threatening, abusive, violent or inciting to violence;
- likely to offend the dignity or respect of a person;
- harmful to minors;
- likely to encourage illegal or dangerous activities or substances;
- …
- to refrain from communicating content which infringes another person or entity’s (intellectual) property rights or portrait rights;
- to refrain from any acts likely to disrupt the proper functioning of the Application;
- to refrain from any attempt to gain access to our systems;
- to refrain from any acts or schemes of unsolicited commercial advertisement or marketing;
- to use the Application for other purposes than for which it was originally designed, and more generally;
- to refrain from breaches to any section of the present Terms or any legislation or regulations in force.
4.3 In the event of a breach of this section of the Terms or, more generally, of any legislation or regulations in force, we reserve the right to take all measures[B15] we deem necessary based on our sole discretion and take any legal action to safeguard and defend our rights.
5.Account termination
5.1 You are free to terminate your Account at any time by sending an email to hello@beinfluence.eu. Termination of your Account is irreversible and entails deletion of your Account information[B16] [k17] [LDU18] .
5.2 We may suspend access to or terminate your Account at any time and based on our sole discretion, notably in the event of a breach of the present Terms, without you being able to claim any compensation or remuneration and without prejudice to any damages we may claim from you.
5.3 We reserve the right to discontinue the Application at any time and based on our sole discretion, without you being able to claim any compensation. In such an event, you will be notified of discontinuance with a minimum of one (1) month’s notice.
6.Warranties and liability
6.1 We endeavour to provide you with a running and operational Application under conditions that ensure access to and use of the Application, including any functionalities and services provided by us on the Application.
6.2 You acknowledge however that the Application is provided on an “as is”-basis. We do not therefore make any warranties – express or implied – with respect to the use of the Application or with respect to its availability, nor do we make any warranties with respect to the security, or reliability of the Application or the accuracy or completeness of any information or content provided on the Application.
6.3 BeInfluence shall not be liable for any damage, whether permanent or temporary, caused to your device (mobile phone, tablet, …) or computer equipment, nor for any loss of data incurred while using the Application. In particular, BeInfluence shall not be liable for the transfer of viruses, Trojan horses or other malware or harmful content through the Application.
6.4 The Application may include links to third-party websites. [B19] [k20] [LDU21] BeInfluence shall not be liable for hypertext links on the Application referring to websites operated by third parties, nor for any damage that may be caused to your device while visiting these websites. BeInfluence has no control over these websites and shall not be liable for the information and content displayed on these websites.
6.5 BeInfluence regularly checks the accessibility and proper functioning of the Application. BeInfluence shall however not be liable for any breakdown, interruption or (temporary) failure of the Application or for any malfunction of the Application, nor for any difficulties linked to maintenance work on the Application.
6.6 BeInfluence does not make any representations as regards the completeness or accuracy of any of the information or content provided on the Application. BeInfluence shall incur no liability with respect to any decision you make or action you undertake on the basis of the information and content provided on the Application. Furthermore, BeInfluence shall not be liable for any errors you make on the basis of the information and content made available on the Application.
6.7 BeInfluence shall not be liable for any damage, direct or indirect, or for any damage that could be caused by inaccuracy, incompleteness, omission or negligence in the production, elaboration, drafting and interpretation by you of the information and content provided on the Application.
6.8 More generally, BeInfluence shall not be liable for any damages resulting from your breach of any section of the present Terms, nor shall BeInfluence be liable for any damages, whether indirect, consequential, or incidental, including but not limited to loss of business, loss of profit, or losses or damage resulting from the use of or access to the Application.
6.9 In any case, BeInfluence’s maximum aggregate liability for any and all claims arising out of or in connection with the Contract, tort (including negligence) or otherwise, shall in no circumstance exceed the remuneration of the Influencer during the last twelve (12) months prior to the last event causing damage.[B22] Should the method of remuneration of the Influencer not include any financial remuneration, BeInfluence’s maximum aggregate liability shall in no circumstances exceed 15.000,00 EUR.
6.10 You notably represent and warrant that:
- all Content communicated through the Application and linked to your Account is in accordance with the present Terms, in particular section 4;
- all Media and Publications uploaded on the Application and disclosed on the Medium are in accordance with the present Terms, any legislation and regulations in force, and well as with the relevant guidelines issued by the Medium relating to the Media and Publications disclosed. BeInfluence shall incur no liability in this regard. You acknowledge that BeInfluence is not or does not become in any way a party to the contract between you and the Medium;
- you own all of or are authorised to disclose your Media and Publications, and that this does not violate any proprietary or privacy rights of third parties, in particular copyright and portrait rights. Although Media and Publications shall be submitted to us prior to disclosure on the Medium, BeInfluence shall incur no liability in this regard;
- you will not use the Client’s trademark, logo, or name without prior authorisation by the Client and within the limits of such authorisation;
- your Media and Publications will not in any way be disclosed or used in a way that harms or tarnishes the Client’s brand or reputation, or damages the Client’s products and/or services in any way;
- your Media and Publications do not in any way contain marketing or promotional content that is unrelated to the Campaign[VC23] [k24] [LDU25] ;
6.11 Nothing in the Contract shall exclude or limit in any way the liability of either Party that should be the result of fraud, or in the event of death or personal injury caused by its negligence, or any other liability to the extent that it cannot be conventionally excluded or limited.
7.Indemnification
7.1 You agree to indemnify, hold harmless and defend BeInfluence against any and all claims, losses, costs, liabilities or damages arising from your use or misuse of the Application, your breach of the present Terms, or any act or omission arising out of the Contract, as well as the breach of third parties’ rights, notably third parties’ intellectual property rights. Indemnification extends to Media and Publications, as well as more generally to any other Content you make available through the Application.
8.Intellectual property
8.1 The intellectual property rights relating to the Content created by the Influencer for a specific Campaign (the “Influencer Intellectual Property Rights”) belong to the Influencer and can therefore not be reproduced, modified, translated, distributed, made public, rented or sold, transmitted to third parties or used in any way whatsoever without the prior written authorisation of the Influencer.
8.2 You grant BeInfluence an exclusive perpetual, worldwide, irrevocable, and transferrable license to use, reproduce, modify, translate, distribute, publicly display, transmit and sublicense Media, Publications, and Content you provide to us, for any purpose whatsoever, including for marketing purposes[k26] [LDU27] .
8.3 All elements of the Application, including but not limited to the systems and software, source code, object code, layout, infrastructure, databases and content of any kind (including text, logos, images, visuals, photographs, sounds, logos, the name "BeInfluence", as well as trade and domain names), are works protected by intellectual property rights, notably by copyright law (hereinafter, the “Applicable Intellectual Property Rights”).
8.4 All Applicable Intellectual Property Rights belong to BeInfluence or have been incorporated into the Application with the agreement of the owner of the rights in question.
8.5 No part of the Application, none of its elements, and none of the data and information featured on the Application, may be recorded (other than for purposes necessary to the use of the Application), reproduced, modified, translated, distributed, made public, rented or sold, transmitted to third parties or used in any way whatsoever without the prior written authorisation of BeInfluence.
8.6 BeInfluence grants the Influencer a personal, limited, temporary, worldwide, revocable, non-transferable license to use and access the Application through its Account. The license is only granted for the duration of the use of the Application and does not in any way constitute a transfer of ownership.
8.7 All acts of extraction, decompilation[VC28] [LDU29] , data mining and similar acts with respect to the elements (or certain elements) of the Application are strictly prohibited.
9.Personal data
9.1 You guarantee that the personal data you communicate to BeInfluence is accurate and complete.
9.2 BeInfluence processes and stores personal data in accordance with the applicable data protection law and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“GDPR”) and the Belgian Privacy Act of 30 July 2018, and in accordance with its privacy policy, which can be accessed here[B30] . If you have any questions about our processing and storage of your personal data, you can contact us by sending an email to hello@beinfluence.eu.
9.3 The term “personal data” shall have the same meaning as that given in Article 4, 1) GDPR.
10.General provisions
10.1 The failure by BeInfluence to enforce or to take any action against the Influencer in the event of a breach of any section of the present Terms shall not be deemed a waiver of the right to enforce or take any legal action in the event of a subsequent breach by the Influencer of these Terms.
10.2 If one or more clauses under the various sections of the present Terms are declared void and/or unenforceable by a competent judicial or administrative authority, this shall by no means affect the binding nature of the remaining sections of the Terms. The Parties agree that void sections and/or sections that have been declared unenforceable by a competent judicial or administrative authority shall be replaced by new conforming sections, of equivalent economic effect, that best reflect the content and intent of the sections that have been declared void or unenforceable.
10.3 The original version of the present Terms has been drafted in English. Should any difficulty, conflict, or dispute arise regarding the interpretation of the Terms, the English version of these Terms shall prevail over any translated version (if any).
11.Applicable law – Jurisdiction[VC31] [k32] [LDU33]
11.1 Subject to contrary mandatory legal provisions, the present Terms shall be exclusively governed by and construed in accordance with Belgian law.
11.2 Subject to contrary mandatory legal provisions, all disputes regarding these Terms, notably in respect of their validity, interpretation, or performance, and more generally, all disputes arising between the Parties, shall be submitted exclusively to the French-speaking courts of Brussels.
11.3 Before taking legal action, the Parties shall take all reasonable measures with a view to find a mutually agreeable solution to any dispute arising between them.
