PLEASE READ THE FOLLOWING PRIVACY POLICY FOR INFLUENCERS CAREFULLY

Sozialens, S.L., hereinafter Sozialens, is a Spanish company, with registered office in Paseo De La Castellana, 194 - BJ B Madrid (28046), Madrid, España B70690953, whose main activity consists of the development and operation of services related to influencer marketing.

We update these terms periodically. If you have an Sozialens account, we will inform you by email or you will receive a notification in the app when we do so.

1. Scope

1.1. These general terms and conditions of use for Influencers (the "General Terms for Influencers") apply between Sozialens, S.L. ("SOZIALENS"), and any individual who creates content to be published on a social network or other communication channel(s) and has a certain popularity in the market who creates an account on our Website ("INFLUENCER"). By registering and using Infuencity's products or services (which we refer to collectively as the "Services"), the Influencer agrees to these General Terms for Influencers.

1.2. SOZIALENS and the INFLUENCER, may be referred to jointly as the "Parties" and individually as the "Party".

Note: If you are not an INFLUENCER but a Client (as defined below), these General Terms for Influencers do not apply to the use of SOZIALENS Services, but rather to our General Terms of Service available at the following link: https://sozialens.com/en/legal/terms-general-conditions-service

2. Eligibility

2.1. INFLUENCER represents and warrants to SOZIALENS that it has the capacity to enter into these legally binding General Terms for Influencers. If INFLUENCER is an influencer representation agency acting on behalf of another person or entity, it hereby represents and warrants to SOZIALENS that it has the authority to represent such person or entity and is bound by these General Terms for Influencers.

2.2. The Services are intended for and should only be used by persons of legal age.

2.3. INFLUENCER is solely responsible for ensuring that use of the Platform and Services in INFLUENCER's jurisdiction is permitted by law.

3. Definitions

3.1. The following terms shall have the meanings assigned to each:

3.1.1. "Authorized Clients" Those Clients (as defined below) to whom the INFLUENCER has given permission through the Platform to: (i) access the Personal Information included in the INFLUENCER's Account (as defined below); and (ii) request the INFLUENCER to participate in their Campaigns.

3.1.2. "Campaign" refers to the marketing campaign managed through the Platform and designed by the Client with respect to its products or services to be executed by the Influencer (as defined below);

3.1.3. "Campaign Parameters" refers to the campaign requirements, such as budget, target audience, and duration sent through the Platform.

3.1.4. "Campaign Content" means all commercial content and advertising material contained in the Campaign created by the Influencer that promotes a Client's products or services, including, but not limited to, text, photographs, videos, links and other audio-visual or audio content;

3.1.5. "Confidential Information" means any information, whether verbal, written or by any other tangible or intangible means, currently known or which may be invented in the future, classified as confidential, as well as any data or information to which the parties have access by virtue of the Services (as defined below) that must be understood, exercising reasonable commercial judgment, to be confidential in nature; especially information, business operations, commissions, prices and data owned by the Parties, to which they have had access during the Services described in these General Conditions for Influencers.

3.1.6. "Client" means companies that own the products and services that will be the subject of a Campaign (as defined below) in which the INFLUENCER may participate.

3.1.7. The “Effective Date” is the date on which the INFLUENCER creates an Account through the Platform.

3.1.8. “Personal Data” means any information relating to an identified or identifiable individual protected by applicable data protection regulations.

3.1.9. “Platform” means the technology platform owned by SOZIALENS through which the INFLUENCER has an active account with SOZIALENS.

3.1.10. “Services” access to the Platform and provision of additional services that may be available at any time.

3.1.11. “Term” means the period of time during which the INFLUENCER has an active account with SOZIALENS;

3.1.12. “Website” means the website http://www.sozialens.com or any of the SOZIALENS websites.

4. Platform and Services

4.1. Through the Website, SOZIALENS provides INFLUENCERS with a Platform intended to help INFLUENCERS connect and collaborate with CLIENTS in order to create content and launch Campaigns.

4.2. SOZIALENS is a mere intermediary and therefore does not guarantee any result of the collaboration between INFLUENCERS and CLIENTS available and included on the Platform.

5. Process of using the services

5.1. The procedure for using SOZIALENS Services through the Platform is as follows:

5.1.1. The INFLUENCER may register through the Platform by completing the registration form available on the Website and accepting these General Conditions of Use for Influencers.

5.1.2. The INFLUENCER may decide or be required to allow the integration of the INFLUENCER Account with a third-party social media account (for example, Facebook or Instagram) through a third-party social media API connection. In connection with such integration, the INFLUENCER authorizes SOZIALENS to obtain certain Personal Information included in the INFLUENCER social media account, in accordance with SOZIALENS Privacy Policy.

5.1.3. The INFLUENCER, through his/her account on the Platform ("Account"), may provide additional information to complete his/her information regarding the INFLUENCER's social media accounts, location, target audience, expected fees for creating content or participating in a Campaign. In connection with additional information, the INFLUENCER agrees to provide only current, complete and accurate information and to promptly update all account information.

5.1.4. The INFLUENCER may enable or disable permissions to connect with the different Clients. Only Authorized Clients will be able to view the authorized information provided by the relevant social networks and the additional information included in the INFLUENCER Account and submit requests to participate in Authorized Client Campaigns.

5.1.5. The INFLUENCER may receive requests to connect with other SOZIALENS Clients to gain access to Authorized Client benefits. The INFLUENCER may accept or reject any request to connect and manage all permissions.

5.1.6. The details of any Campaign accepted by the INFLUENCER must be reflected in a collaboration agreement or other type of contract between the CLIENT and the Influencer. SOZIALENS will in no case be a party or intervene in any way in the agreements reached by INFLUENCER and the Client.

5.1.7. INFLUENCER and the Client may use the Platform to manage the execution of the Campaign, using the different functions that the Platform offers at any given time.

6. Term and Termination

6.1. Term. The term of these General Terms of Use for Influencers will commence on the Effective Date and continue until the INFLUENCER's Account is terminated directly by the INFLUENCER or by Sozialens in accordance with these General Terms of Use for Influencers.

6.2. Termination.

6.2.1. INFLUENCER may cease or interrupt your use of the Services and terminate your Account at any time.

6.2.2. Sozialens reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) immediately at any time and with or without cause (including, without limitation, for breach of these General Terms of Use).

7. Granting of Rights and Intellectual Property

7.1. Ownership of the Platform. The Platform and the Services are owned and operated by Sozialens. All Sozialens Content included in or available through the Platform and the Services is the property of Sozialens, its affiliates and/or third party licensors. None of the exploitation rights recognized by current intellectual property legislation on the same may be understood to be transferred to the INFLUENCER or to any other person.

7.2. Right to access and use the Platform. Subject to INFLUENCER's compliance with these General Terms of Use for Influencers and during the Term, the INFLUENCER may access and use the Services, including access to and use of the Platform, for the INFLUENCER's own business purposes. The rights granted to the INFLUENCER in this Section 7.2. are non-exclusive, non-sublicensable and non-transferable.

7.2.1. Restrictions. Except as otherwise expressly permitted in these General Terms of Use for Influencers, the INFLUENCER may not: (a) impersonate another person; (b) reverse engineer, decompile, disassemble or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs of the Services, as well as translate, modify or create derivative works of the Platform, the Services or any part thereof, except as permitted by applicable law; (c) copy/reproduce, loan, sell, rent, sublicense, broadcast, distribute, edit, transfer to third parties or provide access to the Platform, as well as adapt the Services or any part thereof in any way; (d) use the Services for the benefit of third parties; (e) use the Service for any commercial purpose or in a product or service that the INFLUENCER provides to third parties; (f) circumvent, modify, erase, remove, alter or modify any security, encryption or other technology or program that is part of the Services; (g) access or use the Platform or Services for the purpose of conducting competitive analysis or creating a similar or competitive product or service; (h) engage in any unlawful or illegal activity, including unsolicited advertising and spamming; (i) create, collect, transmit, store, use or process any data through the Platform that violates applicable laws or infringes the intellectual property rights or other rights of any third party; (j) introduce or disseminate content or software (viruses and malware) that may cause damage to the computer systems of Sozialens, its technology service providers or third party users; or (h) encourage or assist a third party to do any of the foregoing.

7.2.2. Acceptable Use. INFLUENCER will comply with our Acceptable Use Policy ("AUP") at https://sozialens.com/legal/acceptable-use-policy.

7.3. Sozialens Marks. The trademarks, trade names, service marks, logos or distinctive signs of Sozialens (“Sozialens Marks”) are the property of Sozialens or third parties, and access to and use of the Services cannot be construed as an attribution of any rights over them.

7.4. Campaign Content. The INFLUENCER grants Sozialens a non-exclusive universal license to use, without geographical limitation and during the term of the Term, all of the INFLUENCER's Content made available through the Platform, for the exclusive provision of the Services that the INFLUENCER will provide and the corresponding Authorized Client the platform through which the Campaign may be managed. The INFLUENCER guarantees that all of the Campaign Content uploaded to the Platform is original and/or has the appropriate authorizations or licenses to be used and uploaded to the Sozialens Platform. Sozialens assumes no responsibility for the intellectual and industrial property rights over the Campaign Content created by the Influencer included in the Platform.

7.5. Sozialens reserves the right to remove the Campaign Content or other content that, in its sole discretion, is considered to violate the law or these General Terms of Use for Influencers, or that is abusive, defamatory, obscene or unacceptable.

8. Commitment to Support and Service Availability

8.1. Technical Support. During the Term, Sozialens will provide Support for the Platform and the Services (i) via email at [email protected] during the following hours: Monday through Friday from 9 a.m. to 7 p.m. (Spanish peninsular time).

8.2. Service Levels. Sozialens will use commercially reasonable efforts to achieve 99% Platform uptime and will use commercially reasonable efforts to provide at least 48 hours' notice of scheduled maintenance during normal business hours.

9. Confidentiality

9.1. Obligation to Maintain Confidentiality. The Party to whom the information is disclosed (the "Receiving Party") by the other Party (the "Disclosing Party") agrees to keep the Confidential Information confidential and only use it for the provision of the Services and will not disclose, disseminate or publish it, whether directly or through third parties or companies; and will prevent unauthorized use, dissemination or publication of the Confidential Information by using the same degree of care that it uses to protect its own information of a similar confidential nature, but in any event no less than a reasonable degree of care. The Receiving Party will notify the Disclosing Party in writing of any actual or suspected misuse, loss or unauthorized disclosure of Confidential Information that may come to the attention of the Receiving Party.

9.2. Disclosure to Employees and Third Parties. The Receiving Party may transmit Confidential Information to third parties (such as consultants, students, subcontractors, freelancers, and any other individuals or legal entities working for the Receiving Party) solely on a need-to-know basis for the purpose of the Services, provided that such Third Parties have signed a confidentiality agreement with provisions similar to this Section 9.

9.3. Return, Destruction of Confidential Information; Copies. The Receiving Party will not make copies or reproductions of Confidential Information except to the extent reasonably necessary for the Services. Promptly upon termination of the Account, the Receiving Party will, upon request of the Disclosing Party, return all Confidential Information or verifiably destroy any copies made of, or its own documentation relating to, Confidential Information, except for retaining a single archival copy of the Confidential Information solely for evidentiary purposes where there is a legal obligation to do so.

9.4. Non-Confidential Information. Information will not be classified as Confidential Information from the moment such information: a) is or would have been publicly available without breach of these General Terms of Use for Influencers (including disclosure by the Disclosing Party to a third party without a duty of confidentiality); b) was already rightfully in the Receiving Party's possession prior to receipt from the Disclosing Party; c) is received by the Receiving Party from a Third Party in a rightful manner and without an obligation of confidentiality; (d) is independently developed or verified by the Receiving Party without access to the Confidential Information; (e) is required to be disclosed by the Receiving Party pursuant to any order of a competent court or administrative or governmental agency, provided that the Receiving Party promptly gives the Disclosing Party written notice of such order and an opportunity to contest the need for such disclosure, or seek an appropriate protective order.

9.5. Duration of Confidentiality. The confidentiality obligations set forth in this clause shall have an indefinite duration, remaining in force after the termination, for any reason, of the relationship between the Parties.

10. Protection of Personal Data and Cookies

10.1. Privacy. All Personal Data will be processed by Sozialens in accordance with the Privacy Policy available at: https://sozialens.com/legal/privacy-policy-for-influencers

10.2. Cookies. This website also uses its own and third-party cookies: https://sozialens.com/legal/cookie-policy

11. Limitation of Liability

11.1. Disclaimer. INFLUENCER's use of the Platform and Services is entirely at INFLUENCER's own risk. The Platform and Services and their content are provided on an "as is" and "as available" basis without any express or implied warranty or condition of any kind. Sozialens makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of error or accuracy of the Services or their content. In addition, to the fullest extent permitted by law, no warranties (express or implied) are given, including warranties of merchantability, fitness for a particular purpose, title or non-infringement. Sozialens does not guarantee that the availability of the Services will be continuous and uninterrupted, as the Services may be hindered by circumstances caused by problems with the Internet network, breakdowns in computer devices and other unforeseeable circumstances. The INFLUENCER agrees to be able to bear such circumstances within reasonable limits, and therefore expressly waives Sozialens any contractual or extra-contractual liability for possible failures, errors and use of the contracted Services.

11.2. The Role of Sozialens. Sozialens is not part of the relationship between the INFLUENCER and any of its Clients, and therefore does not assume any responsibility for the results obtained by a particular Campaign or Campaigns agreed between the INFLUENCER and a Client or any problem that arises between them. All information published, contained or available through the Platform is the property of Sozialens and/or third party licensors. In relation to the Campaigns, Sozialens simply provides the Platform to help the INFLUENCER and the Clients connect and manage the Campaigns, so Sozialens is simply an intermediary. Sozialens makes no representation or warranty, and disclaims all liability with respect to the Campaign Parameters or any information provided to the INFLUENCER by the Client, including when made through the Platform.

11.3. Indemnity. Subject to this Section 11, each Party ("Indemnifying Party") will defend against suits, claims and demands and indemnify and hold harmless the other Party, its licensees, licensors, its officers, directors, employees, consultants, contractors, sublicensees and agents ("Indemnified Party") from and against any and all losses, liabilities, damages, fines, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) ("Damages"), arising or resulting from the Indemnifying Party's breach of these General Terms of Use or any Applicable Law.

11.4. Indirect Damages. Indirect damages, loss of profits, consequential damages or opportunity costs will not be subject to a claim. This limit will not apply in the event that Sozialens has incurred fraud or gross negligence declared by a final judgment in the execution of the Services covered by these General Terms of Use for Influencers.

12. Third Party Content

12.1. Third Party Content. Sozialens collects authorized data and information from third party sources, such as certain social media platforms, which is then processed, combined, examined and displayed together with the other information Sozialens provides as part of its Services. Sozialens does not verify the information and does not represent or warrant that the information is true, current or accurate. The INFLUENCER may request deletion of authorized data from the Services as explained in our Privacy Policy or revoke Sozialens access to such data through the settings of each respective social media platform.

12.2. Links. Sozialens does not own, nor does it have control over, links to third party sites that may be available through the Website and/or the Services. Sozialens shall not be liable for the INFLUENCER's use of or access to third party websites, which shall be subject to the terms and conditions and privacy policy of each third party website.

13. Compliance with Applicable Law

13.1. The INFLUENCER undertakes to respect and preserve any intellectual property, privacy rights or other rights of any person or entity; and/or to comply with any and all laws applicable to its activity (especially, the law applicable to marketing activities).

14. Notifications

14.1. All communication between the Parties shall be carried out through the Platform that forms part of the Services or, where appropriate, by email or regular mail to the contact addresses indicated by the Parties or by any means by which proof of receipt is provided to the persons and addresses indicated.

15. Modifications

15.1. Sozialens reserves the right to modify, at any time and without prior notice, these General Terms and Conditions of Use. Such modifications will enter into force on the date of their publication on the Website or, where applicable, on the date indicated by Sozialens.

15.2. Sozialens will notify the changes and the date on which they will enter into force, and the INFLUENCER may terminate his/her Account if he/she no longer wishes to use the Services in accordance with the new version.

15.3. In any case, continued use of the Sozialens Services will constitute acceptance of the modifications to these General Terms of Use for Influencers.

16. Miscellany

16.1. Invalidity of clauses. If any Section of these General Terms for Influencers is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect such provision or the part thereof that is null or ineffective, these General Terms for Influencers will remain in force in all other respects and such provision will be deemed wholly or partially absent.

16.2. Headings. The headings of the different Sections are for informational purposes only and will not affect, qualify or expand the interpretation of these General Terms for Influencers.

16.3. No waiver. Sozialens failure to require the INFLUENCER to comply with any of the conditions of these General Terms for Influencers that he has contravened will not constitute a waiver in the future of the application of said clause, whose compliance may be required at any time.

16.4. Independence. These General Terms for Influencers shall not be construed as an employment relationship, as the creation of a partnership, joint venture, agency or similar relationship or as the grant of a franchise.

16.5. Entire Agreement. These General Terms for Influencers shall represent the entire agreement between the INFLUENCER and Sozialens and may not be overridden by the terms contained in any document received subsequently, unless additional terms are agreed to in writing by both Parties.

16.6. Acceptance of these General Terms for Influencers. The INFLUENCER acknowledges having read, understood and agreed to these Terms and therefore affirms that they are sufficient to exclude error in consenting to this contract and therefore fully and expressly accepts them.

17. Language Version; Applicable Law and Jurisdiction

17.1. Language version. These General Terms for Influencers may be made available to the INFLUENCER in several languages. However, in case of doubt or contradiction between the different versions, the Spanish version published on the Website will always prevail.

17.2. Applicable law. These General Terms for Influencers and their execution are subject to Spanish law, unless the law establishes otherwise.

17.3. Jurisdiction. If any dispute arises regarding the interpretation or application of these contractual conditions, the parties will negotiate in good faith to try to resolve said discrepancy or claim. However, in the event that the dispute or claim is not resolved, the Parties agree to submit to the courts of the city of Madrid (Spain).

18. Contact

18.1. If you have any questions or comments regarding these General Terms for Influencers, please feel free to contact Sozialens at [email protected].