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General conditions of use
General information and applicability
1. Applicability
1.1 BeInfluence SPRL is a company incorporated under Belgian law with its registered office at 175, Rue Bara 1070 Anderlecht (Belgium), registered with the Crossroads Bank for Enterprises under number 0677.512.237 (hereinafter “BeInfluence” or “we” or “our”).
1.2 These terms of use (hereinafter the “Conditions”) govern the access and use of our mobile application, including all 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 article 2 of these Conditions (the “Influencer” or “you” or “your”).
1.3 By accessing and using the Application, you represent and warrant that you are legally authorized to enter into a binding contract. Influencers under the age of eighteen (18) will not be bound by these Terms and will not be authorized to access or use the Application, without first obtaining permission from their parents or legal guardian.beinfluence and the Influencer may also be referred to below as the “Parties” or each individually as a “Party”.
B. Acceptance
1.4 By accessing and using the Application, the Influencer unreservedly accepts the terms and guidelines governing access and use of the Application set out in these Terms. Acceptance also extends to other legal documents available on the Application, including our privacy policy.
C. Amendment
1.5 BeInfluence may make changes to these Terms from time to time. The most recent version of the Terms will always be displayed on the Application or may be requested by emailing us at hello@beinfluence.eu. The updated Terms will take effect immediately and will apply to all campaign contracts (referred to in section 3, point D., below) entered into with us after the entry into force of the updated Terms. At the top of these Terms, you can check when we implemented the last changes to the Terms. If you do not agree with the updated terms, you are free to cancel your account (see section 5 below).
D. Contact
1.6 If you have a question, suggestion, or complaint regarding these Terms, you may email us at hello@beinfluence.eu or you can send a letter to the address mentioned above. Please read these Terms carefully before accessing and using the Application.
2. Access and registration to the Application
2.1 The Application offers a platform through which the Influencer, for an appropriate fee (see section 3, point B. below), can collaborate with any natural or legal person using BeInfluence's influencer marketing services (the “Client”) for the purposes of an influencer communication campaign (hereinafter, the “Campaign”).
A. Access to the application
2.2 As a first user, you must first register on the Application to create a personal account (the “Account”). Registration for the Application is free.
2.3 If you have 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 When registering, we ask you to grant us access to statistical data relating to the social media platform (s) (hereinafter, the “Account”) on which you are active by connecting the Application with your Instagram business account (the “IG Business Account”).
2.5 To allow us to retrieve relevant statistical data from your IG Business Account through theGraphics 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 “Connect with Facebook” button displayed at the bottom of the application's web page. If not, you will first need to change your account to an IG Business account by clicking on the link provided and following the instructions on the screen.
2.6 Once you have successfully logged into Facebook, we ask you to associate BeInfluence Analytics with your Facebook account. You can access the BeInfluence Analytics privacy policy by clicking on the link provided at the bottom of the web page.
2.7 We then ask you to choose which pages you want to use with BeInfluence Analytics and to determine what BeInfluence analytics will be allowed to do with the chosen pages, including: - display a list of the web pages you manage, - read the content published on a web page, - read the content published on a web page, - manage the accounts, - manage accounts, - manage accounts, - the settings and webhooks of a web page, - read user content on your web page, - and create and manage advertising on a page web.
2.8 Please note that BeInfluence Analytics may not work properly if some of the above options are disabled.
2.9 Once you have made your final choice, press “Finish” to connect BeInfluence Analytics to your Facebook account. You can still manage what BeInfluence Analytics will be allowed to see and do by updating your settings by 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, birth date, language preferences, and address. You can also add your bank account details.
2.11 Please note that you are responsible for providing accurate, complete, and up-to-date information, and for keeping this information up to date. Your username (email address) and password are confidential. You acknowledge that this information cannot be shared with any other person or entity. If you become aware of a security breach or an unauthorized use of your username and password, you should contact us promptly by emailing us at hello@beinfluence.eu. BeInfluence reserves the right to take all necessary measures at its sole discretion.
2.12 When registering, we ask you to share your interests by selecting several items from a pre-determined list and to choose which account you are active on. For each account selected, we ask you to reference your username and number of followers (the “Audience”).
D. Account Approval
2.13 Once your Account is set up, we will check your profile and respond to you within forty-eight (48) hours. To approve your Account, we check the following minimum conditions: - your Audience, which must in any case be greater 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 accounts. These posts are also checked for their quality.
3. Services provided on the application
A. Find a campaign
3.1 After your account has been approved, you can scroll through the available campaigns displayed on the app's home page. You can find out more about the specifics of each Campaign (the “Campaign Description”) by clicking on the “View” button. The following items will then be provided to you, without this list being exhaustive: - a description of the Campaign and its start date, - what is required of you in connection with the disclosure of posts and stories (the “Posts”) on the account concerned, - the Audience requirements, - the account on which the Campaign will take place, - the account on which the Campaign will take place, - the account on which the Campaign will take place, - the method of remuneration, -... You can participate in a campaign by clicking on the “Participate” button .B. Campaign compensation
3.2 When selecting a campaign, we ask you to enter the compensation figure you are charging. This figure is referenced in euros (EUR).
3.3 If the compensation method mentioned for a specific Campaign does not include financial compensation, please note that this page will not be displayed on the Application. As mentioned in point A. above, you will be informed of how to be paid for each Campaign.
C. Approval of the campaign
3.4 While you are waiting for our final approval of the chosen campaign, you can always cancel your selection and choose another campaign.
3.5 We will inform you of the status of your participation in the campaign through the “Notifications” tab at the bottom of the web page.
D. Campaign contract
3.6 Once the campaign has been approved, you will be redirected to the campaign page displayed on the application to sign the campaign contract (hereinafter, the “contract”).
3.7 We ask you to provide us with the following information before generating the contract, namely: - your personal address, - your delivery address, - your bank account number.
3.8. By clicking on “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 Agreement and that you agree to these Terms. You will then have concluded a binding contract with us.
3.10 A copy of the Agreement will be sent to the email address linked to your Account.
E. Campaign Submission
3.11 After confirmation, you will receive information about the start date and duration of the Campaign.
3.12 For each Campaign, you may upload media and other visual materials, including, but not limited to, designs, photographs, etc. (hereinafter, “Media”) and your Publications. You are required to submit all Media and Publications relating to the Campaign for review by us. We reserve the right to refuse to approve your Media and Posts submitted at our sole discretion, especially if they do not reflect the Campaign Description or 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 use at least the hashtags referenced in the campaign description.
3.14 We will notify you of the approval of your media and publication submissions through the “Notifications” tab displayed at the bottom of the web page.
3.15 As part of the execution of the Campaign, you are only authorized to disclose Media and Publications for which notification of approval has been granted. Your Posts should be limited to the Pitch you were briefed on.
3.16 All Media and Publications must be shared with the “Public”. Therefore, you may need to change your privacy settings on each media concerned.
F. End of the campaign
3.17 The campaign ends at the expiration of the duration of the campaign mentioned in the campaign description and in the contract.
4. Content communicated through the Application
4.1 You are solely responsible for all information and content (hereinafter, the “Content”) that you provide through the Application or 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 undertake to comply with all laws and regulations in force, and in particular, without this list being exhaustive, to: - to provide only accurate, complete and up-to-date information, and to keep this information up to date, and to keep this information up to date; - to maintain the confidentiality of your Account and its information, your username and of your password. You agree to promptly notify us if you become aware of a security breach or unauthorized use of your username and password, by emailing us at hello@beinfluence.eu; - refrain from impersonating any person or entity in order to access and use our Application; - refrain from stalking, harassing, or otherwise contacting another user of the Application who made it clear that 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; - interfering with the privacy of another person or including personal information about another person without the explicit consent of the latter; - fraudulent, false or misleading; - defamatory, offensive; - defamatory, offensive;, denigrating, vulgar, obscene, obscene, shocking, (pedo) pornographic, pedophile; - discriminatory, racist, intolerant, hateful, hateful or inciting hatred or harassment against an individual or group; - illegal, threatening, abusive, violent or inciting violence; - likely to undermine the dignity or respect of a person; - likely to undermine the dignity or respect of a person; - harmful to minors; - likely to encourage illegal or dangerous activities or substances; -... - refrain from communicating content that infringes the (intellectual) or portrait rights of another person or entity; - refrain from any act that may disrupt the proper functioning of the Application; - refrain from any attempt to access our systems; - refrain from any unsolicited advertising or commercial marketing act or scheme; - use the Application for purposes other than those for which it was originally designed, and more generally; - refrain from any breach of any of the articles of these Conditions or any legislation or regulations in force.
4.3 In the event of a violation of this section of the Terms or, more generally, of any legislation or regulation in force, we reserve the right to take any action we deem necessary based on our sole discretion and to take any legal action to protect and defend our rights.
5. Account cancellation
5.1 You are free to cancel your account at any time by sending an email to hello@beinfluence.eu. The termination of your Account is irreversible and results in the deletion of information relating to your Account.
5.2 We may suspend access to your Account or terminate it at any time and at our sole discretion, in particular in the event of a breach of these Terms, without you being entitled to any compensation or remuneration and without prejudice to any damages that we may claim from you.
5.3 We reserve the right to discontinue the application at any time and at our sole discretion, without you being entitled to any compensation. In this case, you will be notified of the interruption of the application with a notice of at least one (1) month.
6. Guarantees and responsibility
6.1 We strive to provide you with a functional and operational Application under conditions that ensure access to and use of the Application, including all features and services that we provide on the Application.
6.2 However, you acknowledge that the Application is provided “as is”. We therefore make no warranties - express or implied - regarding the use of the Application or its availability, nor any guarantee concerning the security or reliability of the Application or the accuracy or completeness of any information or content provided on the Application.
6.3 BeInfluence cannot be responsible for any damage, permanent or temporary, caused to your device (mobile phone, tablet,...) or computer equipment, nor for any loss of data suffered during the use of the Application. In particular, BeInfluence cannot be responsible for the transfer of viruses, Trojan horses or other malicious software or harmful content through the Application.
6.4 The Application may include links to third party websites. BeInfluence cannot be responsible for the hypertext links on the Application referring to websites operated by third parties, nor for the damage that may be caused to your terminal when visiting these sites. BeInfluence has no control over these sites and cannot be held responsible for the information and content displayed on them.
6.5 BeInfluence regularly checks the accessibility and proper functioning of the Application. However, BeInfluence is not responsible for any failure, interruption or (temporary) failure of the Application or any malfunction of the Application, nor for difficulties related to the maintenance operations of the Application.
6.6 BeInfluence does not guarantee the completeness or accuracy of the information and content provided on the Application. BeInfluence will not incur any responsibility for any decision you make or action you take based on the information and content provided on the Application. In addition, BeInfluence cannot be held responsible for errors that you may commit based on the information and content made available on the Application.
6.7 BeInfluence will not be liable for any damage, direct or indirect, or for any damage that may be caused by an inaccuracy, incompleteness, omission or negligence in the production, development, writing and interpretation by you of the information and content provided on the Application.
6.8 More generally, BeInfluence will not be liable for damages resulting from your violation of any of the articles of these Terms, nor for indirect, consequential, or incidental damages, including, but not limited to, operating losses, losses, profits, profits, losses, or damages arising from the use or damage resulting from the use of or access to the Application.6.9 In any event, BeInfluence's overall maximum liability for any claim arising from the Contract, tortious (including negligence) or otherwise, not may in no case exceed the Influencer's remuneration during the last twelve (12) months preceding the last event giving rise to the damage. If the Influencer's method of remuneration does not include financial remuneration, BeInfluence's total maximum liability may in no case exceed EUR 15,000.00.
6.10 In particular, you represent and warrant that: - any Content communicated by the Application and linked to your Account complies with these Terms, in particular with article 4; - all Media and Publications uploaded to the Application and disclosed on the Support comply with these Terms, with all applicable laws and regulations, and with the relevant guidelines issued by the Support relating to disclosed Media and Publications. BeInfluence does not incur any responsibility in this regard. You acknowledge that BeInfluence is not or in any way becomes a party to the contract between you and the Support; - you are the owner of all of your Media and Publications or are authorized to disclose them, and that this does not violate any property or confidentiality rights of third parties, in particular copyright and image rights. Although the Media and Publications must be submitted to us prior to their distribution on the Medium, BeInfluence does not incur any responsibility in this regard; - you will not use the Customer's brand, logo or name without the prior authorization of the Customer and within the limits of this authorization; - your Media and Publications are in no way disclosed or used in such a way as to harm or tarnish the Customer's brand or reputation, or to harm the products. and/or Customer services in any way whatsoever; - your Media and Posts do not contain marketing or promotional content that is unrelated to the Campaign in any way.
6.11 Nothing in the Contract shall exclude or limit in any way the liability of either Party arising from fraud, or for 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 claim, loss, loss, cost, liability, or damage resulting from your use or misuse of the Application, your violation of these Terms, or any act or omission arising from the Contract, as well as from the violation of the rights of third parties, including the intellectual property rights of third parties. The compensation extends to Media and Publications, as well as more generally to any other Content that you make available via 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 therefore cannot be reproduced, modified, translated, distributed, distributed, distributed, made public, made public, made public, made public, rented or sold, rented or sold, rented or sold, transmitted to third parties or used in any way without the prior written authorization of the Influencer.
8.2 You grant BeInfluence an exclusive perpetual, worldwide, irrevocable, and transferable license to use, reproduce, reproduce, modify, translate, distribute, publicly display, transmit and sublicense the Media, Publications, and Content that you provide to us, for any purpose, including marketing purposes.
8.3 All elements of the Application, in particular systems and software, source code, object code, object code, layout, layout, infrastructure, databases and content of any kind (in particular texts, logos, images, visuals, photographs, sounds, logos, sounds, logos, the name “BeInfluence”, the name “BeInfluence”, as well as trade names and domain names), are works protected by intellectual property rights, in particular by copyright (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, any of its elements, none of the data and information on the Application, may be recorded (other than for purposes necessary for the use of the Application), reproduced, modified, translated, distributed, distributed, distributed, made public, made public, made public, rented or sold, rented or sold, transmitted to third parties or used in any way without the prior written permission of BeInfluence.
8.6 BeInfluence grants the Influencer a personal, limited, temporary, temporary, temporary, worldwide, revocable and non-transferable license to use and access the Application through their Account. The license is granted only for the duration of use of the Application and does not constitute a transfer of ownership in any way.
8.7 All acts of extraction, decompilation, data mining and similar acts relating to the elements (or certain elements) of the Application are strictly prohibited.
9. Personal data
9.1 You guarantee that the personal data you provide to BeInfluence is accurate and complete.
9.2 BeInfluence processes and stores personal data in accordance with applicable data protection law and in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“RGPD”) and the Belgian law on the protection of privacy of July 30, 2018, and in accordance with its privacy policy. If you have any questions about the 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” has the same meaning as that given in article 4, 1) of the GDPR.
10. General provisions
10.1 The fact that BeInfluence does not assert or take action against the Influencer in the event of a violation of any section of these Conditions cannot be considered as a waiver of the right to assert or take legal action in the event of a subsequent violation of these Conditions by the Influencer.
10.2 If one or more clauses of the various sections of these Terms are declared void and/or unenforceable by a competent judicial or administrative authority, this will in no way affect the mandatory nature of the other sections of the Conditions. The Parties agree that sections that are void and/or declared inapplicable by a competent judicial or administrative authority will be replaced by new compliant sections, of equivalent economic effect, that best reflect the content and intent of the sections that have been declared null or inapplicable.
10.3 The original version of these Terms was written in English. In the event of any difficulty, conflict, or dispute regarding the interpretation of the Terms, the English version of these Terms will prevail over any translated version (if any).
11. Applicable law - jurisdiction.
11.1 Subject to any mandatory legal provisions to the contrary, these Terms are exclusively governed by and interpreted in accordance with Belgian law.
11.2 Subject to contrary mandatory legal provisions, all disputes relating to these Terms, in particular with regard to their validity, interpretation or execution, and more generally, all disputes arising between the Parties, will be submitted exclusively to the French-speaking courts of Brussels.
11.3 Before taking legal action, the Parties will take all reasonable steps to find a mutually acceptable solution to any disputes arising between them.
