These terms and conditions ("Agreement") applies to private individuals, businesses and organisations (each a "Customer") making use of the Influence Loyalty Service, including Customers’ trial use of the Influence.io Analytics Service.
Influence.io refers to the following companies in respect of activities in each of the following geographic locations: Feedback Group LLC in North America; Influence.io PTY Limited in the Pacific Basin; Influence.io 2020 GMBH in the European Union; and Liquid New Media Limited in the United Kingdom and elsewhere.
2.1 REGISTERED USER
To get access to, and make full use of, the services you must register as a user on the website. While registering, you must choose a password to use along with your email address when you log on to the website. The password is unique to your account and must not be shared or in any other way made available to others. We reserve the right to delete your account at any time without notice. As a registered user, you have a non-assignable licence to view but not a licence to copy distribute or otherwise commercially exploit our content.
2.2 UNAUTHORISED ACCESS
For this reason we do not allow direct competitors, including but not limited to Trustpilot, Yotpo, Feefo, Ekomi, Okendo or BazaarVoice, and/or their employees and/or agents access to our client dashboard. Access by or on behalf of competitors is therefore illegal and unauthorised. If we nevertheless find that access has been gained by a competitor or an employee or agent of a competitor we reserve the right to charge an access fee of $100,000 USD per calendar month for access. By signing up for a client account you are expressly agreeing to this term and that the access charge is reasonable in all the circumstances. To the extent that it is a liquidated damages sum, you are agreeing as principal and on behalf of the relevant competitor that it is a genuine pre-estimate of loss and that it is therefore not void as a penalty.
2.3 CONTRIBUTIONS FROM REGISTERED USERS
You confirm that all material, information, reviews, comments and any other form of communication (hereafter all referred to under the term 'contributions') received from registered users via the website are to be regarded for all purposes as non-confidential, and will not entitle the reviewer to royalties or any form of compensation. You grant an exclusive royalty-free licence for the copyright term to Influence.io to use, publish, edit display and exploit such content in all media for all purposes in all territories and waive such moral rights as you may have in connection with it.Registered users are solely responsible for the content of the contributions they publish on the website. You agree that Influence.io cannot be held responsible for any libellous comments or reviews that could be classed as defamatory. Those reviews are posted in real-time without being censored or edited. Influence.io is keen to ensure fairness and transparency and operates a timely reporting and review procedure to assist both those contributing and those reviewed in order to avoid libellous reviews.The Influence.io moderation system is described here and here and we also operate a procedure for allowing reviews to be revised if an issue complained about has been rectified to the satisfaction of the reviewer here.Registered users may not post contributions on the website which have:a) Sexist or racist characteristics or content, or which are condescending or likely to be offensive to certain people or groups;Sexist or racist characteristics or content, or which are condescending or likely to be offensive to certain people or groups; content which is plagiaristic; content the publication of which infringes the intellectual property rights of third parties; Unlawful purpose or content;Libellous content;Personal names or personal data including personal descriptions or contact details; and/ora clear sales motive, are an attempt to sell services or products or are an attempt to redirect traffic to another website by including a link.Contributors are in all cases responsible for the legality of the contribution. If a violation of 2.3. is found, the contribution will be deleted immediately. The offender may also be banned from writing future reviews or comments.The registered users who are a reviewer and reviewed in the case of any dispute agree to fully indemnify and hold harmless Influence.io for any loss damage claims and/or expenses it may incur as a result of any claim made against Influence.io as a consequence of any registered user’s violation or alleged violation of 2.3.We reserve the right to delete contributions at any time and with no warning or explanation. If you email support@Influence.io we will do our best to provide a reason. We reserve the right to send a review request email on behalf of a Company/Website if requested to do so by a genuine customer.
2.4 THIRD PARTY PLATFORMS AND CONTENT
5. INDEMNITYClients shall indemnify Influence.io against any loss or damage suffered or incurred by Influence.io as a result of any third party claim (including any claim or allegation by any governmental authority) that:(a) the use of any content provided by Client infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;(b) Influence.io use of Client data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or(c) any email message sent or caused to be sent by Influence.io on behalf of Client violates any applicable law, rule or regulation.The client shall not bring any claim against Influence.io arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Client shall indemnify Influence.io against any loss or damage suffered or incurred by Influence.io as a result of any such claim, whether such claim is brought by the Client, any of Client's affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
6. LIMITATION OF LIABILITY
6.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.
6.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential loss or special damages.
6.3 You agree that without prejudice to the preceding provisions the aggregate liability of all of the corporate entities trading as Influence.io their officers and employees shall not exceed the sum of £100 (one hundred pounds sterling) or the amount of your annual subscription whichever is greater.
6.4 Nothing in this clause 6 shall operate to limit liability for death or personal injury or for fraud.
7. SAFEGUARDING YOUR INFORMATION
To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard (SDP). Influence.io accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we can't see your passwords. We can't resend forgotten passwords either. We'll only reset them.
8. PERSONAL INFORMATION
9. USER GENERATED CONTENT
The rights (including all intellectual property rights) in any material, information, notifications, reviews, photos or other types of user-generated content (UGC) created on the Website by reviewers is licensed to Influence.io for its non-exclusive use. The reviewer is not entitled to royalty payments or any other compensation or fee related to such content. We may freely use and transfer the material, information, notifications, reviews, photos or other types of communication to Clients of Influence.io. Our non-exclusive access to freely use the user-generated content (UGC) created applies irrevocably without any time limitation and without territorial limitations.
9.1 Information about Subprocessors. Information about Subprocessors, including their functions and locations, is available here (as may be updated by Influence.io from time to time in accordance with this Addendum). à Subprocessors are not listed and therefore can not be effective approved. Plus, there’s no effective information on potentially new Subprocessors or how clients will be informed about new Subprocessors. Art. 28, Paragraph 2 GDPR says, that clients must be proactively informed (eg via E-mail) about new Subprocessors.
You agree that Influence.io does not produce or publish contributions on the website and that Influence.io cannot be held accountable for the reviews and comments made on the website. If you would like to remove a review or discuss an issue with the website, please email support@Influence.io. You agree that Influence.io has no responsibility for the accuracy or completeness of contributions published by registered users on the website. Influence.io does not read through or edit contributions added to the website of registered users, and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, Influence.io will accept no responsibility for the contents of the website to which you are directed by the link in question. Influence.io recommendations and reference to bricks-and-mortar companies, e-shops etc. is guidance only and you agree that Influence.io can in no way be held responsible if the recommendation turns out to be unsatisfactory. Influence.io makes no warranty or representation express or implied about website availability and/or business interruption and you agree that it can in no circumstances be held responsible for any technical failure, market interruptions or downtime in connection with any loss of revenue, loss of goodwill or similar losses. Influence.io reserves the right to update and revise these terms at any time, as well as the right to close the website for any reason without warning. We expressly reserve the right to delete reviews that we suspect rightly or wrongly in our complete discretion are shill reviews or have been planted or solicited externally. Reviews solicited outside of the Influence.io ecosystem may be flagged and moderated.
11. MARKETING & PROMOTIONAL ANNOUNCEMENTS
You agree that we may identify you as a customer on the Review.co.uk website unless you have expressly elected to remain anonymous when writing the review. Reviews written on the Website may be displayed on Influence.io, Influence.io, Google, Bing or other social media platforms. The company on which the review is based may publish the review on their website while using Influence.io services.
12. GOVERNING LAW AND DISPUTES
This agreement is governed by and shall be construed in accordance with the laws of England & Wales. If you reside outside the US you agree to submit to the exclusive jurisdiction of the English courts. If you reside in the US or your business is located in the US you agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to using of our services The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or request that the AAA will nominate a substitute arbitrator. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. If you do not wish to be bound by this provision you must notify us within 30 days of the first acceptance date of any version of these terms containing an arbitration provision. Your notice to us must be submitted to the registered office of Feedback Group LLC in the US which is 1201 Orange St Ste 600 One Commercial Center, Wilmington, New Castle, DE,19801.