Terms of Service

Terms of Service

 

 

Agreement between user and Achoo ApS (the “Company”)

Achoo ApS, CVR nr. 36424249, Bygmestervej 10, 2400 Copenhagen NV, Denmark, is a company that offers an influencer marketing platform that allows users to work scalable with influencer marketing when it comes to influencer discovery & management, influencer activation as well as retrieving relevant analytics and reporting. This is the terms of use agreement (the “Agreement”) that governs your use of the Achoo Website (getachoo.com) and the Achoo Influencer Platform (various web pages operated by Achoo ApS under the main domain ip.getachoo.com) that is offered to you conditioned on your acceptance of the terms in the Agreement. If you do not agree with these terms, please stop using the Achoo website and the Achoo Influencer Platform, and refrain from using our data.

 

User Account

When registering for an Account you undertake to provide the personal information such as full name, company name, address, email address and other relevant information that is required for you to have a user and client relationship with the Company. When using the Achoo Influencer Platform, you have sole responsibility for the security of his/her password and accept responsibility for all activities that occur under your account. Disclosing the password to another person or transferring the account to a third party is prohibited. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Use of third party services and links to third party sites

We utilize API services of third party data providers including but not limited to Instagram, Facebook, Twitch, Twitter, Blogs and YouTube. By agreeing to the Agreement, you also agree to these platforms’ Terms of Services. The Achoo Influencer Platform contain links to the actual influencers’ channels or posts.

 

Liability

Under no circumstance and under no legal theory (whether in contract, tort, or otherwise) shall the Company and its suppliers be liable to you or any third party for (i) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or (ii) for any direct damages, costs, losses or liabilities in excess of the fees actually paid by you in the three (3) months preceding the event giving rise to your claim or, if no fees apply, zero. The provisions of this section allocate the risks under this Agreement and the Achoo Influencer Platform License Agreement between you and the Company. In the event that some of the above warranties or limitation of liability are not allowed to be excluded by specific laws, the Company’s liability will be limited to the greatest 4xtent permitted by that specific law.

 

To the maximum extent permitted by applicable law, you hereby release and waive all claims against the Company and its affiliates and suppliers from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including legal fees) of every kind and nature, arising from or in any way related to your use of the Achoo Influencer Platform.

 

Disclaimer of warranties

The Achoo Influencer Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or its suppliers, or because of other causes beyond our reasonable control. However, the Achoo Influencer Platform, including site and content, and all server and network components are provided on an “As Is” and “As Available” basis without any warranties of any kind, and the Company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties or merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that the Company does not warrant that the Achoo Influencer Platform will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be retrieved from use of the Achoo Influencer Platform, and no information, advice or service obtained by you from the Company shall create any warranty not expressly stated in this Agreement.

 

Indemnification

You agree to indemnify, defend and hold harmless the Company and its third parties, for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the Achoo Influencer Platform, your violation of any terms in this Agreement tor your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

 

Intellectual Property

We, or our licensors, own all intellectual property rights in the Achoo Influencer Platform. All content included as part of the Achoo Influencer Platform is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. By signing up for an account with us, you are granted a non-exclusive, non-transferable, revocable license to access and use the Achoo Influencer Platform in accordance with this Agreement. As a condition of your use of the Achoo Influencer Platform, you warrant to us that you will not use the Achoo Influencer Platform for any purpose that is unlawful or prohibited by this Agreement.

 

Termination

Unless otherwise provided by the Achoo Influencer Platform License Agreement, you have the right to terminate your account at any time by sending a cancellation request to info@getachoo.com. If you are subject to an Achoo Influencer Platform License Agreement, you may not terminate your account within the term of the subscription except as specifically provided therein. All of Your Content on the Achoo Influencer Platform (if any) may be permanently deleted by the Company upon any termination of your account in its sole discretion.  If the Company terminates your account without cause and you have signed up under an Achoo Influencer Platform License Agreement, the Company will refund the pro-rated, unearned portion of any amount that you have prepaid to the Company for such Service. However, all accrued rights to payment shall survive termination of this Agreement.

 

Upon termination of any Achoo Influencer Platform License Agreement or any Free Trial, you agree that you will delete any and all Data obtained from the Achoo Influencer Platform within a reasonable period of time, not to exceed 72 hours. For the avoidance of doubt, unauthorized storage or access to the Achoo Influencer Platform following termination of a subscription or trial period is a violation of this Agreement and your Achoo Influencer Platform License Agreement.

 

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Achoo Influencer Platform is offered.

 

Privacy

Your use of the Achoo website and the Achoo Influencer Platform is subject to the Company’s Private Policy. Please review these on the Website.