Terms and conditions
June 1st, 2019
1.1 Supplier of the applications “Influence-Plus” is the Influence-Plus GmbH, Burker Straße 75, 91301 Forchheim (hereinafter “Influence-Plus”).
1.2 Influence-Plus offers its users the possibility of accessing current performance ratings of their social media presence via a mobile application (hereinafter referred to as “app”, “mobile application”, “application”), as well as individual calculations of Influence-Plus as suggestions for when to schedule the next social media post, and common instructions and tips for improving the social media appearance. In order to increase the reach of their social media profile, influencers can connect and interact with comparable users via Influence-Plus. Additionally, Influence-Plus offers companies the opportunity to find and contact suitable and cooperative influencers for advertising purposes.
The app is made available to users of various devices and operating systems (such as Android, iOS, and etc.), and can currently be used Internationally in German and English. Influence-Plus, as an influencer network, provides a platform for influencers and companies to exchange and to promote marketing and cooperation.
1.3 We at Influence-Plus believe that all influencer posts should be transparent, and the addressees of the posts should be placed first. Influencers as well as companies or brands must ensure that both full-blown and individual social contributions are not misleading or misleading in any way. In addition, social media posts that include a paid partnership must be labeled accordingly. This labeling obligation applies, for example, if an influencer is paid by a company or compensated in a paid form for publishing a social media contribution. Influence-Plus requires all users to comply with all applicable laws and industry self-regulation regarding influencer marketing, including the AANA (AU), CAP (UK), and Federal Trade Commission guidelines on recognition and testimonials in advertising (USA). („FTC Guide”). This means that all social media posts resulting from mediation and published, must be labeled transparently. We require that both registered private and professional users are kept up-to-date on the latest best practices for transparent advertising content to ensure that consumers are aware of the commercial nature of the sponsored posts.
3. Subject of the contract
3.1 Subject of this contract is the free use of the Influence-Plus Apps.
3.2 The contractual relationship between you and Influence-Plus comes about with installation of the application on your device.
3.3 The offer is aimed at people who have reached the age of 18. Users under the age of 18 (“minors”) require the consent of their guardians.
3.4 The apps are offered free of charge. Advertising will be displayed, which will be placed in the form of so-called interstitials in full screen by clicking on various functions or by showcasing the logo and visuals of sponsors/partners on the respective page. The ads may need to be closed manually to get back to the desired app view. Users of the respective Influence-Plus app are not authorized to edit, remove or obscure the placed advertising.
3.5 Voluntary, free services and services can be discontinued at any time. In this case, the user is not entitled to continue the service.
3.6 Influence-Plus reserves the right to extend, modify, delete and make improvements, if they are used for technical progress, appear necessary and prevent misuse. The changes may cause the appearance, navigation, or features of the Influence-Plus app to change.
4. Registration and use of Influence-Plus
4.1 You can download Influence-Plus as a mobile app for different devices from the dedicated app store. With the download, you are granted a personal, simple, non-transferable, limited to the purpose of the application right of use. A transfer of ownership of virtual items does not take place. The Google Play Terms of Service can be found here: http://play.google.com/intl/en_de/about/play-terms.html.
Subsequent registration with Influence-Plus is required in order to use all functions.
4.2 Influence-Plus offers not only the registration via email, but also different login options, of which you can freely choose between. (e.g.; Facebook Login, Google Sign-In).
To register with an Influence-Plus app, you must truthfully and completely provide the required information, unless it is labeled as voluntary. The specification of your email address is mandatory in any case.
4.3 If maintenance work is required and an app is therefore not available, you will be informed about this in a reasonable time frame, if possible. Influence-Plus is not responsible for any internet/network downtime, and especially not for downtime in which the app is not licensed due to technical or other issues beyond the control of Influence-Plus (e.g., force majeure, third party fault, etc.).
5. Function usage
5.1 You have the option to upload a profile picture and a title picture in your profile. Before uploading any image, you are obliged to ensure that you have the exclusive rights to use that image and that making the image or other content available to the public does not violate legal regulations, good morals and / or third-party rights. You are responsible for the data, images and content provided by you. Influence-Plus reserves the right to transfer liability for the content to you.
5.2 You may not upload and/or make publicly available images depicting violence, pornographic, discriminatory, offensive, racist, libelous or other unlawful content or images. Images or photos with people other than you may only be placed in an Influence-Plus app if they have the consent of those persons.
5.3 Influence-Plus’s information, app elements, graphics, brand names and logos, as well as all other content of the applications, are provided solely for use in accordance with these terms and conditions. You may not transfer the said components to third parties at any time. Furthermore, they may not be copied, distributed or otherwise made public without the prior written consent of the copyright holder; except as permitted by law. By using the app, you commit to uphold those rights.
5.4 It is forbidden to make attacks on, for example; the functionality of Influence-Plus apps, such as the mass sending of emails (SPAM), hacking attempts, brute force attacks, the use or sending of spyware, software, viruses and other malware. Any manipulation or alteration of technical or content nature is not permitted.
5.5 If you violate these rules, Influence-Plus may warrant, temporarily block, or even exclude you from use of the app or assist in prosecuting any criminal offense, civil or criminal action in relation to any unlawful content or use of the app. There is no obligation for Influence-Plus to make a warning or notice of deletion after the disclosure of illegal content.
5.6 Influence-Plus assumes no responsibility for the text, content, images, data and/or information provided by you and other users, as well as for content on linked external websites. There is no guarantee that this content is true or fulfills a specific purpose. You will also not infringe any copyright, intellectual property or other intellectual property rights.
6.1 You release Influence-Plus from any claims, including claims for damages, asserted by other users or other third parties, including government agencies, against us for breach of their rights by the content you submit to the Influence-Plus apps. You will assume all reasonable costs, including the reasonable costs of legal defense, arising out of any breach of third-party rights by you. All further rights and claims for damages of Influence-Plus remain unaffected.
6.2 The above obligations shall only apply if you are responsible for the violation in question, that is, you knowingly or willingly acted or have ignored the care required ???for usage.
6.3 You will take the necessary precautions to regularly and safely save the data and content you have entered, uploaded and stored as part of Influence-Plus, and to create your own backup copies in order to ensure their recovery in the event of loss of data and information.
6.4 Influence-Plus does not guarantee the correct identity of registered users.
7. Responsibility for content/functionality of the app
7.1 Influence-Plus provides within the apps offered various media content for retrieval, which may also contain copyrighted rights of third parties. In this case, these do not include Influence-Plus and there is no way to change them. Influence-Plus assumes no responsibility for the accuracy, legality, completeness and timeliness of the contributions, for content and information contained on third-party websites that are referenced by links from the app. For this reason, Influence-Plus shall not be liable for any damage caused by the provision of third-party content, such as infringement of copyright or other rights of third parties.
7.2 Third-party content provided within the apps will not be stored or hosted by Influence-Plus. The respective contents of third parties are only stored in the corresponding hosting platforms (for example of the respective partner company). Influence-Plus does not affect the scope and timing of the storage and delivery of third-party content.
7.3 The users of the app are not entitled to the availability of certain contents or media functions.
7.4 Influence-Plus is not obligated to improve the apps offered, to expand (updates/upgrades) or to make available the contents and functions provided in the respective app. Influence-Plus does not guarantee the functionality of the apps.
7.5 Complaints regarding copyright infringement can be submitted to us by email.
In order to finalize your complaint and to take appropriate action, we need the following information:
Your contact details (name, address, telephone number and email address).
Enough information to uniquely identify the copyright or trademarked work for which there is a suspected infringement, including entry in the commercial register (number and competent authority).
Enough information to clearly identify the material allegedly infringing the copyright.
A statement of good faith that the use of the material is made without the permission of the author or his authorized representative or violates applicable law.
A statement of the completeness and accuracy of the complaint, as well as an affidavit that you are the author of the allegedly infringing, the copyright/trademark right material or act lawfully in its name.
A physical or electronic signature of the person submitting the complaint
8.1 Influence-Plus is only liable for intent and gross negligence, including intent or gross negligence on the part of its agents or vicarious agents.
In case of slight negligence Influence-Plus is liable only:
a) Culpable injury to life, body or health
b) In the event of culpable violation of a material contractual obligation (an obligation whose fulfillment enables the achievement of the purpose of the contract and the proper use of the app and on whose compliance the user may regularly rely), the claim for damages is then limited to the foreseeable, typically occurring damage.
8.2 The foregoing limitations of liability do not apply if Influence-Plus fraudulently conceals a circumstance to the standard of the app, or guarantees the functionality of the app. The same applies to any claims of the user under the Product Liability Act.
8.3. Otherwise liability is excluded.
9. Term of the contract and cancellation policy
Unless otherwise agreed in writing, the contract between you and Influence-Plus will run indefinitely.
Regarding the use of the Influence-Plus service, you are generally entitled to a statutory right of withdrawal if you are a consumer with habitual residence or residence in the European Union.
11. Final provisions
Additional agreements require the written form.
Any use of the app or the data, information, texts, parts of texts or images listed here, as well as any action, toleration or omission related to the use of the app, is subject exclusively to German law excluding UN purchasing law.
This also applies to the use or registration of users from other countries. Jurisdiction is the domicile of the provider (Forchheim, Germany).