Terms & conditions

General Information and Applicability  
1. Applicability
1.1 BeInfluence SPRL is a company governed by 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 “Terms”) govern access to and use of our mobile application, including all features 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 Terms (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 eighteen (18) years of age will not be bound by these Terms and will not be permitted to access or use the Application without first obtaining permission from their parent(s) or legal guardian.  
BeInfluence and the Influencer may also be referred to hereinafter collectively as the “Parties” or individually as a “Party”.

B. Acceptance  
1.4 By accessing and using the Application, the Influencer unreservedly accepts the terms and guidelines governing access to and use of the Application set out in these Terms. Acceptance also extends to the other legal documents available on the Application, including our Privacy Policy.

C. Amendments  
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.D below) concluded with us after the updated Terms come into force. At the top of these Terms, you will be able to check the date on which we implemented the latest changes to the Terms. If you do not agree with the updated terms, you are free to terminate your account (see Section 5 below).

D. Contact  
1.6 If you have a question, suggestion, or complaint regarding these Terms, you can email us at hello@beinfluence.eu or send a letter to the address mentioned 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 return for appropriate remuneration (see Section 3.B below), may 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-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 with 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 professional account (the “IG Business Account”).  
2.5 To enable us to retrieve the relevant statistical data from your IG Business Account via 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 the “Login with Facebook” button displayed at the bottom of the Application’s web page. Otherwise, you will first need to switch your account to an IG Business account by clicking the link provided and following the on-screen instructions.  
2.6 Once you have successfully logged in to Facebook, we will ask you to link BeInfluence Analytics to your Facebook account. You can access the BeInfluence Analytics Privacy Policy by clicking the link provided at the bottom of the web page.  
2.7 We will then ask you to choose the pages you wish to use with BeInfluence Analytics and to determine what BeInfluence Analytics will be authorized to do with the selected pages, namely:  
- display a list of web pages you manage,  
- read content published on a web page,  
- manage accounts,  
- the settings and webhooks of a web page,  
- read user content on your web page,  
- and create and manage advertising on a web page.  
2.8 Please note that BeInfluence Analytics may not function properly if some of the above options are disabled.  
2.9 Once you have made your final selection, press “Finish” to connect BeInfluence Analytics to your Facebook account. You can always manage what BeInfluence Analytics is allowed to see and do by updating your settings via the “Settings” tab.

C. Registration Information  
2.10 You will then be asked to enter your personal registration information, such as your first name, last name, 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 accurate, complete, and up-to-date information, and for updating such information. Your username (email address) and password are confidential. You acknowledge that this information may not be shared with any other person or entity. If you become aware of a security breach or unauthorized use of your username and password, you must promptly contact us by sending an email to hello@beinfluence.eu. BeInfluence reserves the right to take any necessary measures, at its sole discretion.  
2.12 During registration, we ask you to share your interests by selecting several items from a predetermined list and to choose the account on which you are active. For each selected account, we ask you to reference your username and your number of followers (the “Audience”).

D. Account Approval  
2.13 Once your Account is set up, we will review your profile and respond within forty-eight (48) hours. To approve your Account, we verify the following minimum conditions:  
- your Audience, which in any case must exceed five hundred (500);  
- the engagement rate, which may 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 quality.

3. Services Provided on the Application  
A. Finding a Campaign  
3.1 After your account is approved, you can scroll through the available campaigns displayed on the Application’s homepage. You can learn more about the specifics of each Campaign (the “Campaign Description”) by clicking the “View” button. The following will then be provided to you, without limitation:  
- a description of the Campaign and its start date;  
- what is requested of you in relation to the disclosure of posts and stories (the “Publications”) on the relevant account;  
- Audience requirements;  
- the account on which the Campaign will take place;  
- the remuneration method;  
- …  
You can participate in a Campaign by clicking the “Participate” button.

B. Campaign Remuneration  
3.2 When selecting a Campaign, we ask you to enter the amount of remuneration you charge. This amount is denominated in euros (EUR).  
3.3 If the remuneration method mentioned for a specific Campaign does not include 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 remuneration method for each Campaign.

C. Campaign Approval  
3.4 While awaiting our final approval regarding the selected Campaign, you may still cancel your selection and choose another Campaign.  
3.5 We will inform you of the status of your participation in the Campaign via the “Notifications” tab displayed at the bottom of the web page.

D. Campaign Contract  
3.6 Once the Campaign is 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 the following information before generating the Contract, namely:  
- your personal address;  
- your delivery address;  
- 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 accept these 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 After confirmation, you will receive information on the start date and duration of the Campaign.  
3.12 For each Campaign, you may 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 our review. We reserve the right, at our sole discretion, to refuse to approve your submitted Media and Publications, particularly where they do not reflect the Campaign Description or the creative strategy and/or storytelling of the Campaign (the “Pitch”) on which you were briefed.  
3.13 For each Campaign, we ask you to use at least the hashtags referenced in the Campaign Description.  
3.14 We will inform you of the approval of your media and publication submissions via the “Notifications” tab displayed at the bottom of the web page.  
3.15 In performing the Campaign, you are only authorized to disclose the Media and Publications for which an approval notice has been granted. Your Publications must be limited to the Pitch on which you were briefed.  
3.16 All Media and Publications must be shared with the “Public.” You may therefore need to change your privacy settings on each relevant medium.

F. End of the Campaign  
3.17 The Campaign ends upon the expiry of the campaign duration mentioned in the Campaign Description and in the Contract.# 4. Content Communicated via the Application  
4.1 You are solely responsible for all information and content (hereinafter, the “Content”) that you communicate via the Application or Content that is linked to your Account on the Application.  
4.2 When accessing and using the Application, and when communicating Content via the Application, you undertake to comply with all applicable laws and regulations, and in particular, without limitation, to:  
- communicate only accurate, complete, and up-to-date information, and to keep such information up to date;  
- preserve the confidentiality of your Account and its information, your username and 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 for the purpose of accessing and using our Application;  
- refrain from stalking, harassing, or otherwise contacting another user of the Application who has clearly indicated that they do not wish to be contacted;  
- protect all data and/or software stored on your device (mobile phone, tablet, …) against any attack;  
- refrain from posting, publishing, uploading, sending, transferring, or otherwise making available any Content that is, without limitation:  
 - infringing upon another person’s privacy or including personal information about another person without that person’s explicit consent;  
 - fraudulent, false, or misleading;  
 - defamatory, insulting, disparaging, vulgar, obscene, shocking, (pedo)pornographic, pedophilic;  
 - discriminatory, racist, intolerant, hateful, or inciting hatred or harassment against an individual or group;  
 - unlawful, threatening, abusive, violent, or inciting violence;  
 - likely to harm a person’s dignity or respect;  
 - harmful to minors;  
 - likely to encourage illegal or dangerous activities or substances;  
 - …  
- refrain from communicating content that infringes the (intellectual) property rights or image rights of another person or entity;  
- refrain from any act likely to disrupt the proper functioning of the Application;  
- refrain from any attempt to access our systems;  
- refrain from any unsolicited advertising or commercial marketing acts or schemes;  
- 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 Terms or of any applicable law or regulation.  
4.3 In the event of a violation of this section of the Terms or, more generally, of any applicable law or regulation, we reserve the right to take any measures we deem necessary at our sole discretion and to bring 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 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, notably in the event of a breach of these Terms, without you being entitled to 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 at our sole discretion, without you being entitled to any compensation. In such case, you will be informed of the discontinuation of the Application with at least one (1) month’s notice.

6. Warranties and Liability  
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 we provide on the Application.  
6.2 You acknowledge, however, that the Application is provided “as is.” We therefore make no—express or implied—warranty regarding the use or availability of the Application, nor any warranty regarding 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, permanent or temporary, caused to your device (mobile phone, tablet, …) or computer equipment, nor for any loss of data suffered 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. BeInfluence shall not be liable for hyperlinks on the Application that lead to websites operated by third parties, nor for any damage that may be caused to your device when visiting those sites. BeInfluence has no control over those sites and cannot be held responsible for the information and content displayed thereon.  
6.5 BeInfluence regularly checks the accessibility and proper functioning of the Application. However, BeInfluence is not responsible for any (temporary) outage, interruption, or failure of the Application or any malfunction of the Application, nor for difficulties related to Application maintenance operations.  
6.6 BeInfluence does not guarantee the completeness or accuracy of the information and content provided on the Application. BeInfluence shall incur no liability for any decision you make or action you take based on the information and content provided on the Application. Furthermore, BeInfluence shall not be liable for errors you may commit based on the information and content made available on the Application.  
6.7 More generally, BeInfluence shall not be liable for damages resulting from your breach of any of the articles of these Terms, nor for indirect, consequential, or incidental damages, including, without limitation, loss of business, loss of profit, or losses or damages resulting from the use of or access to the Application.  
6.8 In any event, BeInfluence’s maximum aggregate liability for any claim arising out of the Contract, tort (including negligence), or otherwise, shall in no case exceed the Influencer’s remuneration during the twelve (12) months preceding the last event giving rise to the damage. If the Influencer’s remuneration method does not include financial remuneration, BeInfluence’s maximum aggregate liability shall in no case exceed EUR 15,000.00.  
6.9 You represent and warrant in particular that:  
- all Content communicated via the Application and linked to your Account complies with these Terms, notably Article 4;  
- all Media and Publications uploaded to the Application and disclosed on the Platform comply with these Terms, with all applicable laws and regulations, and with the relevant guidelines issued by the Platform relating to the Media and Publications disclosed. BeInfluence assumes no liability in this respect. You acknowledge that BeInfluence is not and shall not become a party to the contract between you and the Platform;  
- you own all of your Media and Publications or are authorized to disclose them, and that this does not infringe any third party’s property or privacy rights, notably copyright and image rights. Although Media and Publications must be submitted to us before being broadcast on the Platform, BeInfluence assumes no liability in this respect;  
- you will not use the Client’s brand, logo, or name without the Client’s prior authorization and within the limits of that authorization;  
- your Media and Publications are in no way disclosed or used in a manner that would damage or tarnish the Client’s brand or reputation, or harm the Client’s products and/or services in any way;  
- your Media and Publications do not contain any marketing or promotional content unrelated to the Campaign.  
6.10 Nothing in the Contract shall exclude or limit in any way the liability of either Party arising from fraud, or in the event of death or personal injury caused by its negligence, or any other liability to the extent that it cannot lawfully be excluded or limited.

7. Indemnification  
7.1 You agree to indemnify, hold harmless, and defend BeInfluence against any claim, loss, cost, liability, or damage resulting from your use or misuse of the Application, your breach of these Terms, or any act or omission arising from the Contract, as well as the violation of third-party rights, notably third-party intellectual property rights. The indemnification extends to the Media and Publications, and more generally to any other Content that you make available via the Application.

8. Intellectual Property  
8.1 Intellectual property rights relating to the Content created by the Influencer for a specific Campaign (“Influencer Intellectual Property Rights”) belong to the Influencer and may therefore not be reproduced, modified, translated, distributed, made public, rented or sold, transmitted to third parties, or used in any way without the Influencer’s prior written authorization.  
8.2 You grant BeInfluence an exclusive, perpetual, worldwide, irrevocable, and transferable license to use, reproduce, modify, translate, distribute, publicly display, transmit, and sublicense the Media, Publications, and Content that you provide to us, for any purpose whatsoever, including marketing purposes.  
8.3 All elements of the Application, notably systems and software, source code, object code, layout, infrastructure, databases, and content of any kind (notably texts, logos, images, visuals, photographs, sounds, the “BeInfluence” name, as well as trade names and domain names), are works protected by intellectual property rights, notably 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 consent of the relevant rights holder.  
8.5 No part of the Application, none of its elements, nor any data and information appearing on the Application, may be stored (other than as necessary for the use of the Application), reproduced, modified, translated, distributed, made public, rented or sold, transmitted to third parties, or used in any way without BeInfluence’s prior written authorization.  
8.6 BeInfluence grants the Influencer a personal, limited, 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 shall in no case constitute a transfer of ownership.  
8.7 Any 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 warrant that the personal data you provide to BeInfluence are accurate and complete.  
9.2 BeInfluence processes and stores personal data in accordance with applicable data protection law and notably Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the Belgian Privacy Act of 30 July 2018, and in accordance with its Privacy Policy. If you have questions about the processing and storage of your personal data, you can contact us by emailing 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 bring an action against the Influencer in the event of a breach of a section of these Terms shall not be considered a waiver of asserting or bringing legal action in the event of a subsequent breach of these Terms by the Influencer.  
10.2 If one or more clauses in the various sections of these Terms are declared null and/or unenforceable by a competent judicial or administrative authority, this shall in no way affect the binding nature of the other sections of the Terms. The Parties agree that the clauses that are null and/or declared unenforceable by a competent judicial or administrative authority will be replaced by new clauses that are compliant, have an equivalent economic effect, and best reflect the content and intention of the clauses that were declared null or unenforceable.  
10.3 The original version of these Terms was drafted in English. In the event of difficulty, conflict, or dispute regarding the interpretation of the Terms, the English version of these Terms shall prevail over any translated version (if any).

11. Governing Law – Jurisdiction  
11.1 Subject to mandatory legal provisions to the contrary, these Terms are exclusively governed by and construed in accordance with Belgian law.  
11.2 Subject to mandatory legal provisions to the contrary, all disputes relating to these Terms, notably regarding 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 initiating legal action, the Parties will take all reasonable steps to find a mutually acceptable solution to any dispute arising between them.