Last updated: 28 march 2021
These general terms of use (the General Terms) apply when using the Website, Dogfluence.com, including subdomains (the Website) and extends to all services offered by us.
The address of Dogfluence.com LLC is, 5830 E 2nd St, Ste 7000 #6083, Casper, Wyoming 82609, United States, with entity ID: 2022-001146612.
If you have any questions about these general terms, you can contact us via mail at: [email protected].
These Terms and Conditions (“Terms” or “Agreement”) are entered into by each person or entity upon creation of an account on www.dogfluence.com. You can review the most current version of the terms of service at any tima at https://www.dogfluence.com/terms/
Article 1 - General
What do we do? Company provides tools that simplify influencer marketing and empower brands to attract, engage, understand and grow their audience and customer base across mobile, social, and online channels.
Parties and stakeholders. These Terms and conditions (“Terms” or “Agreement”) are entered into when you use the Website and extends to all services offered by us, Dogfluence.com LLC (hereinafter “Company”) PLEASE READ THESE TERMS CAREFULLY. Company has developed influencer marketing software and a related digital platform (collectively, “Platform”) that allows clients (hereinafter “Brands”) to, among other things, identify and manage clients’ relationships with influencers (hereinafter “Dogfluencers”) from various social media channels. Company desires to allow Brands and Dogfluencers to use the Platform along with applicable Company applications, data, materials, programs, software, and other services offered in connection with the Platform (collectively, “Service(s)”) pursuant to the terms of this Agreement.
SaaS Platform. Company provides a Software as a Service in the form of the Platform. As part of the Services, Brands and Dogfluencers shall have access to materials explaining how to use the features of the Services, including the advanced search features of the Platform. Company does not pay Dogfluencers for services, but Brands on the Platform are able to do so. Company does not buy or sell consumer data, and there is no delivery or shipment obligation, as part of the Services. The Services may link to websites and content of third parties, including social media platforms and Influencer posts or data; and Company is not responsible for any third-party websites or content. This Agreement does not include any custom development of the Services for Brands. Company is continually updating the Services and reserves the right to perform maintenance on the Services and to update prices accordingly.
Uptime and service. Company shall use reasonable commercial efforts to make the Platform available to Customer 99% of the time, 7 days a week, except for (i) planned downtime; (ii) downtime caused by third-party actions; or (iii) downtime caused by circumstances beyond Company’s reasonable control. Company shall provide reasonable notice, if practical, to Brands and Dogfluencers of any downtime; and Brand shall promptly report any issues with the Services or support to Company. Company shall provide Technical Support to Brand via e-mail. Brand may initiate a helpdesk ticket by emailing [email protected]. Company will use commercially reasonable efforts to provide an initial response to all Helpdesk tickets within 1 business day. Company may update its support terms by posting or providing new support terms at any time. Brand is responsible for reviewing any updated support terms.
Changing Terms & conditions. We reserve the right to change the Terms & conditions at any time. By using the Website you accept the latest version of the Terms & condiotions.
Deviating from Terms & conditions. Deviating terms are only applicable if we have agreed to them, in writing.
Validity Terms & conditions. If any part of these Terms & conditions is null or void this shall not affect the applicability of the remainder of these General Terms. The part that is null or void shall be replaced by a provision that closely resembles the provision that is null or void.
Validity period. The general terms continue to be in effect until 12 months after account deactivation, in relation to article 12.
Article 2 - Platform
Goal of the Platform. The goal of Company is to offer a platform where Brands can enter into a sponsored or paid partnership with Dogfluencers, registered on our platform. This includes offering a workflow for organizing campaigns, delivering content, offering a search over and insight into the Dogfluencers registered with us and (optionally) processing payments from Brands and paying these to Dogfluencers after (possible) deduction of the calculated commission. (the "Service")
Facilitator role. Company fulfills a facilitator role by enabling transactions through technology. Company is never a party to the final agreement between users of the platform.
Exclusion of warranties. While we strive to deliver an optimal user experience, we deliver our Services as is without any guarantees regarding the quality of the offered services.
Lawful use of the Platform. You cannot use the Platform in a way that violates Dutch law or any other applicable rules or regulations.
Restrictions. You are not allowed to spread the following:
Pornographic videos, images or other material with an erotic content;
Texts or images that are offensive, racist, discriminatory or hateful;
Spam;
False or misleading information; and
Viruses, malware, spyware or other software intended to harm our computers or that of other users.
Impostering. You are not allowed to create an account under someone else's name or pretend to be someone else.
Privacy and personal data. You are obliged not to disclose personal data acquired from other users and forbidden from abusing it.
Spam. You are not allowed to approach other users for other commercial purposes than that for which the Website is intended.
Report illegal use. If you want to report illegal use of the Website by someone else to us, you can send a message to [email protected].
Article 3 - Brand account
Minimum age. You have to be at least 18 years of age to create an account.
Login credentials protection. You must treat your account details and password confidential. Activity on your account will be attributed to you personally.
Obligation to report. You must report any abuses of your account or any use without your permission as soon as possible and change your password.
Responsibilty. Brand shall create and maintain an account (“Account”) on the Platform with a unique username and password prior to and as a condition of using the Services. Use of Brand’s Account shall be solely for “Authorized Users”, which means Brand’s employees, contractors, and agents who are authorized by Brand to access and use the Services pursuant to this Agreement and who will be bound by this Agreement. Brand is responsible for maintaining the confidentiality of its Account username and password; and Brand shall promptly notify Company of any unauthorized access to its Account. Brand shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or use the Services, including modems, hardware, servers, software, operating systems, networking, and the like. Brand is solely responsible for maintaining its data and regular backups of its data. Although Company has no obligation to monitor Brand’s Account or use of the Services, Company may prohibit any use of the Services, or refuse any username or password, that Company reasonably believes violates or is about to violate any laws or this Agreement. Company reserves rights to audit Brand’s Account, and Brand shall provide reasonable assistance in any audit of Brand’s Account.
Use of the account. In using the Services and its Account, Brand agrees that it will not: (i) publish any material that is false, defamatory, harassing, or obscene; (ii) violate privacy rights or promote bigotry, racism, or harm; (iii) menace or harass any person or cause damage or injury to any person or property; (iv) rent, lease, lend, sell, sublicense, transfer, distribute, or make the Services available to any third party, or allow anyone other than Authorized Users to access its Account; (v) access or seek to reverse engineer the Service software code; (vi) make derivative works of, sell, sublicense, lease, transfer, copy, gift, reverse engineer, scrape, decompile, alter, modify, conceal, eliminate, or render inoperable any part of the Services; or (vii) violate any Applicable Laws as outlined below.
Communication requirements. Brand is solely responsible for any communications on the Platform to (third-party) Dogfluencers. In sending or posting any Brand content or communications (“Brand Content”) to third parties on the Platform, Brand represents that: (i) it is the sole owner of or has all rights necessary for such Brand Content; (ii) the Brand Content does not infringe or violate the rights of any third party; and (iii) the Brand Content is truthful and accurate. Company reserves the right to use and retain Brand Content, including for backup, archival, and audit purposes. Brand will not use the Services to transmit any emails in violation of GDPR or CAN-SPAM, including email: (i) with a “from line” that is materially false or misleading or does not accurately identify the person sending the email; (ii) with a subject line that is misleading, false, or misrepresentative or is likely to mislead the recipient about the content of the email; or (iii) that does not include a clear and conspicuous identification that the email is an advertisement or solicitation, a clear and conspicuous notice of the opportunity to decline to receive further communications, the name or registered fictitious business name of Brand, and a valid physical postal address of the Brand. With respect to calls, faxes, text, SMS, MMS, or social media messages (collectively, “SMS Marketing”), Brand will not use the Services to engage in SMS Marketing except to contact Influencers who have provided Brand with “prior express written consent,” as that phrase is defined in the TCPA, to be contacted via SMS Marketing by Brand. Brand shall maintain, pursuant to commercially reasonable standards, records of, and shall promptly comply with, any unsubscribe, opt-out, or do not call request. To the extent that Company provides any suppression list to Brand, Brand shall regularly scrub its database(s) against such list no less than every 7 days and shall not send any communications to anyone on such list. Company shall have no liability for the deletion or failure to store Brand Content, messages, or other content or communications or transaction information that is maintained or transmitted by the Services.
Article 4 - Dogfluencer account
Minimum age. You have to be at least 18 years of age to create an account.
Login credentials protection. You must treat your account details and password confidential. Activity on your account will be attributed to you personally.
Obligation to report. You must report any abuses of your account or any use without your permission as soon as possible and change your password.
Responsibilty. Dogfluencer shall create and maintain an account (“Account”) on the Platform with a unique username and password prior to and as a condition of using the Services. Use of Dogfluencer’s Account shall be solely for “Authorized Users,” which means Dogfluencer’s employees, contractors, and agents who are authorized by Dogfluencer to access and use the Services pursuant to this Agreement and who will be bound by this Agreement. Dogfluencer is responsible for maintaining the confidentiality of its Account username and password; and Dogfluencer shall promptly notify Company of any unauthorized access to its Account. Dogfluencer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or use the Services, including modems, hardware, servers, software, operating systems, networking, and the like. Dogfluencer is solely responsible for maintaining its data and regular backups of its data. Although Company has no obligation to monitor Dogfluencer’s Account or use of the Services, Company may prohibit any use of the Services, or refuse any username or password, that Company reasonably believes violates or is about to violate any laws or this Agreement. Company reserves rights to audit Dogfluencer’s Account, and Dogfluencer shall provide reasonable assistance in any audit of Dogfluencer’s Account.
Use of the account. In using the Services and its Account, Dogfluencer agrees that it will not: (i) publish any material that is false, defamatory, harassing, or obscene; (ii) violate privacy rights or promote bigotry, racism, or harm; (iii) menace or harass any person or cause damage or injury to any person or property; (iv) rent, lease, lend, sell, sublicense, transfer, distribute, or make the Services available to any third party, contract with another Dogfluencer to use the Services, or allow anyone other than Authorized Users to access its Account; (v) access or seek to reverse engineer the Service software code; (vi) make derivative works of, sell, sublicense, lease, transfer, copy, gift, reverse engineer, scrape, decompile, alter, modify, conceal, eliminate, or render inoperable any part of the Services; or (vii) violate any Applicable Laws as outlined below.
Communication requirements. Dogfluencer is solely responsible for any communications on the Platform to (third-party) Brands. In sending or posting any Dogfluencer content or communications (“Dogfluencer Content”) to third parties on the Platform, Dogfluencer represents that: (i) it is the sole owner of or has all rights necessary for such Dogfluencer Content; (ii) the Dogfluencer Content does not infringe or violate the rights of any third party; and (iii) the Dogfluencer Content is truthful and accurate. Company reserves the right to use and retain Dogfluencer Content, including for backup, archival, and audit purposes. Dogfluencer will not use the Services to transmit any emails in violation of GDPR or CAN-SPAM, including email: (i) with a “from line” that is materially false or misleading or does not accurately identify the person sending the email; (ii) with a subject line that is misleading, false, or misrepresentative or is likely to mislead the recipient about the content of the email; or (iii) that does not include a clear and conspicuous identification that the email is an advertisement or solicitation, a clear and conspicuous notice of the opportunity to decline to receive further communications, the name or registered fictitious business name of Dogfluencer, and a valid physical postal address of the Dogfluencer. With respect to calls, faxes, text, SMS, MMS, or social media messages (collectively, “SMS Marketing”), Dogfluencer will not use the Services to engage in SMS Marketing except to contact Brands who have provided Dogfluencer with “prior express written consent,” as that phrase is defined in the TCPA, to be contacted via SMS Marketing by Dogfluencer. Dogfluencer shall maintain, pursuant to commercially reasonable standards, records of, and shall promptly comply with, any unsubscribe, opt-out, or do not call request. To the extent that Company provides any suppression list to Dogfluencer, Dogfluencer shall regularly scrub its database(s) against such list no less than every 7 days and shall not send any communications to anyone on such list. As outlined in Section 8, Company shall have no liability for the deletion or failure to store Dogfluencer Content, messages, or other content or communications or transaction information that is maintained or transmitted by the Services.
Article 5 - Pricing, payments and refunds
Billing cycle. Your bank account or credit card will be charged for access to the services in advance on a recurring monthly or yearly basis depending on which service you have selected.
Invoicing. Users will receive an invoice of the costs for the subscription every subscription period.
Refund policy. A full refund for the unused months on the annual plan may be issued if a refund has been requested or the account has been canceled within five days of the trial’s expiration date. A 50% refund and credit towards your account with Dogfluence.com may be issued if the annual plan is canceled or a refund has been requested via email within 2 months of initial purchase. This account credit has no expiry date and can be used towards any plan with Dogfluencer.com. No refunds will be issued if the annual plan was active for more than two months. This refund policy does not apply to (platform) transaction fee’s associated with paid posts, any advertising charges, fully managed services or any special pricing plans or discounts. There are no refunds on fully managed plans and services.
Free trial. If you sign up for a free trial and you do not cancel that account before the expiration of the free trial period, your bank account or creditcard will be billed starting on the day after your trial period expires for the full amount owing. Company reserves the right to charge your bank account or creditcard for amounts owing in less than the total amount owing until the full amount has been charged. If you cancel the services as provided for herein prior to the processing of your first amount owing, your bank account or creditcard will not be charged.
Apllicable laws. All charges are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in law or enacted or enforced in the future.
Up- and downgrades. For any upgrade or downgrade in plan level, your bank acount or creditcard will automatically be charged the new rate on your next billing cycle. Downgrading your services may cause you to lose access to certain content or features of your account or the services. Dogfluencer.com does not accept any liability for such loss.
Pricing changes. Prices of all services, including but not limited to monthly subscription plan fees for services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Dogfluencer.com website (www.dogfluence.com) or such other method as chosen by Company and/or via a software application we offer.
Liability pricing changes. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the services. By utilizing the services of this agreement you accept the terms herein and agree to waive your right to file a claim for losses, damages, etc. against Company and its affiliates for any such changes.
Default currency. Unless otherwise stated, all charges are in U.S. dollars and all payments must be made in U.S. currency.
Taxes and tax exemption. Users of the platform are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Company’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such tax amounts are in addition to the charges for such Company’s products and services and will be billed to your provided bank account or creditcard. If you are exempt from the payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only be applied from and after the date we receive such a certificate.
Article 6 - Right to close your account
If we believe that you are violating the law or these terms and conditions, we may (partially) exclude you from the Service. We can also (partially) exclude you from the Service if you do not pay on time or at all. For example, we can exclude you from the Service by:
Removing your account; and
block you from parts of the Service.
Article 7 - Confidentiality and Privacy
We shall keep your personal data confidential and store it in accordance with our Privacy Policy. You can read our Privacy Policy.
Article 8 - Conflict resolution
We are not obliged to help to resolve conflicts between Dogfluencer(s) and Brand(s). We will nonetheless do our utmost best in helping you find a solution to such a conflict.
Article 9 - Liability
We are not liable for:
direct or indirect damage suffered as a consequence of the use of our Website, regardless of whether or not the claim is based on a guarantee scheme, agreement or any other legal principle;
direct or indirect damage that is the result of (wrongful) information provided on the Website, regardless of whether that information was provided by us or any another party, active on the Website;
damage resulting from mistakes made by third parties or caused by the unavailability of the Website as a result of circumstances outside the scope of our influence.
Article 10 - Indemnification
By using the Website you indemnify us from any claims, liabilities, damages, losses and expenses from third parties arising out of the use of the Website or the Services. This clause does not apply in cases of unlawful intent or gross negligence from our side.
Article 11 - Intellectual property
Company intellectual property (IP). Company shall exclusively own all trademark rights, copyright, title, and interest in and relating to the Services, including any software, applications, inventions, improvements, modifications, data, data organization structure, scripts, methods of doing business, algorithms, know-how, source codes, tags, links, pixels, underlying technology, and technology developed in connection with the Services, and Company’s name, logos, trademarks, trade names, service marks, copyrights, URLs, slogans, and other intellectual property (collectively, “Company’s IP”). Company’s IP does not include content provided by Dogfluencers or other third-parties, but it does include Company’s software, layers of capabilities, and other parts of the Services. Subject to this Agreement, Company hereby grants to Dogfluencers and Brands a revocable, non-transferable, non-exclusive, royalty free, limited license to use the Services solely for the term and purposes of this Agreement. For clarification, this limited license also applies to Company’s IP that is distributed or provided to Dogfluencers and Brands for use on Brand’s or Dogfluencer premises or devices, such as if a Brand or Dogfluencer integrates with Company’s software via API to use data internally; in such cases, Brand or Dogfluencer shall only use Company’s IP for internal business purposes pursuant to the terms of this Agreement and shall not disclose or distribute the data to third parties for any purposes. Company may revoke Brand’s or Dogfluencer’s right to use Company’s IP by providing written notice of revocation; however, such revocation will not apply retroactively. Brand or Dogfluencer shall not claim any other interest in Company’s IP, make derivative works of, sell, sublicense, lease, transfer, copy, gift, reverse engineer, scrape, decompile, alter, modify, conceal, eliminate, or render inoperable Company’s IP, or attempt to do or assist in the foregoing. Upon termination of this Agreement, or upon Company’s written request, Brand or Dogfluencer will promptly destroy and discontinue the use of the Services. Company reserves all rights relating to Company’s IP and the license outlined above.Dogfluence B.V. hereby grants you a worldwide, non-exclusive, non-transferrable, royalty-free and revocable license to use the Website for personal use in accordance with these General Terms.
Brand intellectial property (IP). Brand(s) shall own all rights, title, and interest in and relating to brand’s data, including brand content, and brand name, logos, trademarks, trade names, service marks, copyrights, URLs, slogans, and other intellectual property (collectively, “Brand’s IP”). Subject to this Agreement, Brand hereby grants to Company a perpetual, royalty free, worldwide, assignable, transferable, sub-licensable license to use, reproduce, and display Brand’s IP as a part of marketing, advertising, carrying out, and updating the Services. Brand may revoke Company’s right to use Brand’s IP by providing written notice of revocation; however, such revocation will not apply retroactively or to any aggregate or statistical data that does not identify Brand by name and that Company may use in relation to the Services. Company shall not claim any other interest in Brand’s IP. Upon termination of this Agreement, Company shall retain the right to use Brand’s IP in connection with the Services as outlined above, unless revoked upon Brand’s written request to Company.
Royalty-free licensing. By using our Website you give us (Company), as well as Brands that sponsored and/or paid your giveaway or account, a non-exclusive, royalty-free, transferrable and worldwide license to use any content created as a result of the sponsorship.
Tranfer rights. By using our platform, you grant permission to brands that sponsor and/or pay in return for promotion, the rights of your photo(‘s) and/or video(‘s), and of the likeness and sound of your voice as recorded on audio or video recordings, if not otherwise settled (via our platform), without payment or any other consideration.
Approval of use. Company or brands that sponsor and/or pay in return for promotion are not obliged to request permission for usage of each photo or video, unless explicitly agreed otherwise in written correspondence.
Altering media. By using our platform as a Dogfluencer, you understand your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
Use of media. Photographic, audio or video recordings may be used for any use which may include but is not limited to: websites, social media, presentations, courses, (online) video’s, media, news and magazines (online and print).
Duration rights and license terms. This agreement applies to photographic, audio and video recordings collected as part of the campaigns that were initiated on our platform. There is no time limit for the tranfer of rights and license terms, nor is there any geographic limitation on where these materials may be distributed.
Creator declaration. By using the Website and uploading content you declare that:
you are the sole and exclusive proprietor of that content; or
you have obtained all necessary licenses, consents, permissions or waivers to upload the content.
Ackknowledgement of (IP) terms. By using our platform, you acknowledge that you have completely read and fully understood the above terms and conditions and agree to be bound thereby. Furthermore, you release any and all claims against Company, any person or Brand that utilizing your material for educational or commercial purposes.
Article 12 - Exclusivity
One year of exclusivity. After entering into a Brand’s dogfluencer pack, or a partnership between Brand and Dogfluencer, during a period of one year (12 months) after the start of the partnership, it is not permitted for both parties to enter into a paid, monetary or in-kind, content partnership without the involvement of Dogfluence.
Penalty. If Dogfluence finds a violation, the Brand will pay Company (Dogfluence) an immediately due and payable penalty of € 500 (say five hundred euros) or, if that is higher, 30% of the compensation agreed with the Dogfluencer by the Brand.
Article 13 - Confidentiality
Confidential information. Each Party agrees to use the other Party’s Confidential Information solely for the purposes of this Agreement and to refrain from disclosing the other Party’s Confidential Information to any third party, unless disclosure is:
necessary and permitted in connection with the receiving party’s performance of its obligations or exercise of its rights under this Agreement or any other agreement between the Parties;
required by law, provided that the receiving party uses reasonable efforts to give the disclosing party reasonable notice so as to afford the disclosing party an opportunity to intervene and seek appropriate relief for the protection of its Confidential Information from use or disclosure;
made with the consent of the disclosing party. “Confidential Information” includes the terms of this Agreement and any information that is treated or marked as confidential by either Party, including trade secrets, technology, business strategies, and information pertaining to customers, pricing, marketing, know-how, processes, products, and services.
Non-confidential information. The term “Confidential Information” does not include information that:
at the time of the disclosure or thereafter is or becomes generally available to the public other than as a result of its disclosure by the receiving party in violation of this Agreement;
was or becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party;
is independently developed by the receiving party without the use of any Confidential Information;
was in the possession of the receiving party prior to being disclosed to the receiving party by the disclosing party.
Article 14 - No misuse of information
Promises regarding confidential Information. Given the exchange of Confidential Information, each respective Party agrees that it will not:
solicit or circumvent any business relationships involving the other Party, unless there was a prior-existing relationship with the respective Party;
publish any statement about the other Party that contains Confidential Information or that is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or clearly false or misleading.
Right to account termination. Company reserves the right to terminate this Agreement and Dogfluencer’s or Brand’s Account at any time without liability to Company should Company determine, in its sole and absolute discretion, that Brand or Dogfluencer engaged or engages in fraud, dishonesty, or any other misrepresentation (collectively, “Fraud”), including but not limited to scraping or reverse engineering the Services, that causes or is likely to cause harm to Company. Brand and Dogfluencer acknowledges that there is a potential for third-party fraud, which is outside the control of Company, and that Company shall not be liable for any instances of fraud by third parties.
Article 15 - Campaigns
Keep your promises. Brands that sponsor campaigns must at all times adhere to the agreements made. This is understood to mean; providing the products (and or prizes), or, if applicable, paying the Dogfluencer a financial compensation. Dogfluencers must at all times adhere to the agreements made. This is understood to mean; promoting the products you have received, according to the terms set by the brand.
Final responsibility in case of a giveaway. If you are the owner-host of a giveaway you are responsible for the fairness of your giveaway and that it is organized according to the rules set on the giveaway (or campaign) explanation page. As owner-host you are responsible for providing promised prizes.When organizing a giveaway (partially) on our Platform, the primary host takes full responsibily for all obligations arising from hosting the giveaway. You acknowledge that Company is in no way responsible for what you organize (host).
Compliance with terms of third parties. If you are running your giveaway on other platforms, you acknowledge that you have taken note of the promotional guidelines of the relevant platform and that your giveaway in its entirety complies with the set rules. You also acknowledge that your promotion is in no way sponsored, endorsed or administered by, or associated with that specific platform.
No platform liability. Giveaway participants can never hold Company responsible for a prize won or financial compensation that is promised but never provided. When issues arise, Company will naturally try to be a good intermediary.
Article 16 - Governing law
Dutch law.
Article 17 - Competent court
All disputes arising out of or in connection with these General Terms of Service and all agreements between you and Dogfluence.com LLC shall be exclusively submitted to the competent court of Amsterdam in the Netherlands.