Kingfluencers Terms of Service
Last Updated: May 06th, 2021
These Terms of Service (“Terms”) apply to all products and services provided by Kingfluencers AG (“Kingfluencers ,” “we” or “our”) and govern your use of the following Products: Kingfluencers Platform, App, and the following Services: customer support for our products, our website, our blog, and our forums (together, the “Services”). We may add or remove Products and/or Services with or without notice.
In order to use our Services you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use our Services. You must not access our Services or accept the Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services. By accessing and/or otherwise using our Services, you agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. If you do not agree with all of the Terms, you should discontinue your use of our Services.
We reserve the right to modify the Terms from time to time, in which case the new Terms will supersede prior versions. If we make material or significant changes to these Terms, we will notify you within our Services. We archive former versions of the Terms, which are available upon request. Your continued use of our Services will signify your acceptance of the changes to these Terms.
Kingfluencers does not offer services for certain products, including, but not limited to, liquor, weapons, pornography, racism, or products that are discriminatory or illegal.
Using Our Services
(i) You agree not to work with, contact, recruit or enter in any working relationship with influencers you find on our platform without our explicit consent. If you share any data about influencers or the Services with your clients, you will be held accountable for each client’s agreement and adherence to these Terms.
(ii) You agree to not share any non-public information or knowledge about how our system works, what its features and models are, or data contained within the Services with anyone not belonging to your organization. This applies in particular, but not exclusively, to direct competitors, and their affiliates or agents.
(iii) You agree not to use the Services, for any commercial purpose, or for any public display (commercial or non-commercial), without our written consent.
(iv) You agree not to use the Services in any manner that interferes with or disrupts the integrity or performance of the Services.
(v) You agree not to decompile, decipher or reverse engineer the Services.
(vi) You agree not to remove any copyright or other proprietary notations.
(vii) You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, modify or copy the Services without our written consent.
(viii) You agree not to try to use the Services in violation of the Terms.
Using our Services does not give you the ownership of any intellectual property in our Services or the content you access.
We reserve the right to suspend or stop providing our Services to you if you do not comply with our Terms or policies, or if we are investigating suspected misconduct.
Kingfluencers may stop, remove, modify, or add (temporarily or permanently) Services, or features within our Services, at our discretion. Continued use of the Services constitutes your consent to these changes.
Your Kingfluencers Account
Your Kingfluencers account may be created and assigned to you by the administrator. To protect your account, keep your credentials confidential.
Third Party Data, Links, Products and Services
Your access to, and the ability to use, our Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, and payment providers. Any dealings you have with third parties found while using our Services are between you and the third party. You further acknowledge and agree that Kingfluencers will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.
Kingfluencers gathers and aggregates data from third party sources, including but not limited to, Facebook, Instagram, other available APIs, and directly from influencers. The platform may contain calculations and estimations based on data from these third parties. For such data acquired from 3rd parties, Kingfluencers tries to validate them as well as possible but you understand that they might contain invalid or incorrect data, for which Kingfluencers is not responsible.
Kingfluencers may at our discretion make available links through advertisements or otherwise enabling you to access third-party sites, apps, games or services. Please note that while using such third party products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Kingfluencers. Our link(s) to those third parties’ websites do not imply our endorsement, sponsorship, or affiliation with those people or companies. Kingfluencers is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any other products or services they may offer to you. Use of any such linked third party products or services is at your own risk and subject to their terms and policies.
It is necessary to define all campaign details with an appropriate lead-time before a campaign starts. If the lead-time time is too short and/or the set of client requirements changes during or after the preparation phase, Kingfluencers will not will not be held responsible for potential delays or increased costs. Once we have received your order confirmation Kingfluencers will start work on the campaign, at which point, you will begin to incur costs.
Influencers Participation and Campaign Content
Kingfluencers will only contact or request influencers once the campaign details and budget are finalized. This initial contact does not guarantee the participation of any given influencer. Even though an influencer may provisionally agree to participate in a campaign, their involvement can only be secured once the influencer has signed the campaign briefing. In case of cancellations, additional influencers will be requested until the selection is finalized.
Once a campaign begins, Kingfluencers does its best to make sure all content is generated according to the campaign briefing. Influencers with access to the Branded Content Tool are required to use this for paid posts, which will be labeled “paid partnership with (name of the brand)”. Influencers not using the branded content tool are required to add #ad or #sponsored to every post, in order to provide transparency to the community.
It is common for posts not to be bound to exact dates and times. Unless you clearly communicate such requirements during the initial planning, we cannot guarantee the timing of posts. Otherwise, influencers are free to choose the best timing that aligns with the campaign’s timeframe. Kingfluencers will remind influencers and other stakeholders about upcoming campaign milestones in a timely manner, but will not be held responsible for delays.
Kingfluencers is not responsible for the quality or legality of the content, including verbal and non-verbal communication of any form, that is generated by influencers in the campaign. Influencers who do not publish the agreed-upon content will receive either no payment or partial payment, commensurate with their involvement in the campaign. If deemed necessary, Kingfluencers will help you find an adequate substitute. Otherwise, Kingfluencers will refund you the net cost savings of the canceled post(s).
Kingfluencers cannot guarantee exclusivity of any kind for the channels of the influencers in your campaigns. You understand that the content generated by Influencers can only be reused for media or communication purposes (including marketing, PR and advertisement), after acquiring explicit consent from the influencer and Kingfluencers.
Once you and Kingfluencers have agreed (written or verbally) on the budget of a campaign, this contract is binding. After campaign confirmation, or latest 2 weeks before the start of the campaign, 50% of the payment is due. The remaining payments will be due in monthly installments until the campaign is finished and all campaign-related expenses are fully invoiced. If the campaign finishes before the full amount has been paid, the remaining payable amount will become due immediately. If the client unilaterally withdraws from the campaign, a cancellation fee will immediately become due. This fee will consist of 50% of the remaining services and obligations, plus the outstanding costs of services and obligations already provided.
Copyright of Produced Content
The re-use of influencer content is limited to reposting with the necessary tags as defined by the respective influencer. All uses beyond this require an additional price negotiation with Kingfluencers. The prices are determined by the influencers and therefore vary depending on the influencer.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. KINGFLUENCERS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, KINGFLUENCERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE SECURITY, ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF OUR SERVICES NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT THAT KINGFLUENCERS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY SUCH WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED BY APPLICABLE LAW.
Limitations of Liability
IN NO EVENT SHALL KINGFLUENCERS OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS (BOTH DIRECT AND INDIRECT) WHETHER OR NOT KINGFLUENCERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL KINGFLUENCERS’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEEDING THE PRICE PAID BY YOU FOR OUR SERVICES. FOR CLARITY, THIS REPRESENTS AN AGGREGATE LIMITATION OF LIABILITY FOR ALL LIABILITY EVENTS (TAKEN TOGETHER) AND NOT A PER LIABILITY EVENT LIMITATION OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. KINGFLUENCERS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE KINGFLUENCERS FROM ANY LIABILITY RELATING THERETO.
If any provision of the Terms is deemed to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified by the court and interpreted so as best to accomplish the original provision to the fullest extent permitted by the law. This will not invalidate any other part of the Terms. Kingfluencers’ failure to enforce at any time any provision of the Terms does not constitute a waiver of that provision or of any other provision of the Terms.
Any claim relating to our Services shall be governed by Swiss law. You and Kingfluencers agree to submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland, to resolve any legal matter arising from the Terms.
If you require any additional information or have any questions about our Terms, please feel free to contact us by email at email@example.com.