User agreement

GENERAL TERMS AND CONDITIONS INFLUENCERS

1. Definitions
   
   
   • BuzzBoost: the private company BuzzBoost Group B.V., having its registered office in Scheemda, registered in the Commercial Register of the Chamber of Commerce under number 93338589
     
     
   • Account: The Influencer's user account used to access the Platform.
     
     
   • Company: A legal entity or natural person acting in the exercise of a profession or business who is a client of BuzzBoost and publishes Campaigns on the Platform.
     
     
   • Evidence: content uploaded by the Influencer in its account that serves as evidence that the terms of an Agreement have been fulfilled.
     
     
   • Campaign: An offer from a Company to the Influencer, whereby the Company makes its products or services available to the Influencer under certain conditions. Campaigns are published on the Platform.
     
     
   • Service: BuzzBoost's provision of the Platform to the Influencer.
     
     
   • Influencer: A legal or natural person acting in the exercise of a profession or business, who publishes about a service or product of a Company through his or her social media accounts, website and/or other online platforms. The Influencer is deemed to be 18 years of age or older.
     
     
   • Intellectual Property Rights: copyrights, trademark rights, design rights, trade name rights, database rights, patents and other intellectual property rights.
     
     
   • Agreement: Any agreement created through the Platform between the Influencer and a Company.
     
     
   • Party: BuzzBoost or the Influencer.
     
     
   • Parties: BuzzBoost and the Influencer.
     
     
   • Platform: BuzzBoost's online platform, accessible via the BuzzBoost app.
     
     
2. Applicability of the general terms and conditions
   
   
   • These terms and conditions apply to all Agreements and other provision of Services by or on behalf of BuzzBoost to the Influencer.
     
     
   • Deviation from these general terms and conditions is only possible if expressly agreed in writing by the Parties.
     
     
   • If any provision of these general terms and conditions should prove to be invalid and/or unenforceable, the other provisions of the agreement shall remain in full force and the Parties shall in mutual consultation replace the invalid or unenforceable provision by a valid and/or enforceable provision whose nature and purport comes closest to the invalid and/or unenforceable provision.

3. Modification of general terms and conditions
   
   
   • BuzzBoost reserves the right to amend or supplement these terms and conditions.
     
     
   • BuzzBoost will inform the Influencer of the changes to the terms and conditions.
     
     
4. Role of BuzzBoost
   
   
   • BuzzBoost is not a party to Agreements between Influencers and Companies that come about through Campaigns on the Platform. BuzzBoost only has a mediating role in this.
     
     
   • BuzzBoost does not provide its Service exclusively to the Influencer. The Influencer accepts that BuzzBoost may also provide its Service to influencers who compete with the Influencer.
     
     
5. Delivery of the Service
   
   
   • The provision of the Service by BuzzBoost starts when the Influencer has created an Account.
     
     
   • The Influencer may terminate the provision of the Service by deleting its Account. The Account can be deleted by sending an email to info@buzzboost.app.
     
     
6. Use of the Platform
   
   
   • To access the Platform, the Influencer creates an Account in BuzzBoost's app. This app can be downloaded from the regular app stores.
     
     
   • The Influencer is responsible for the accuracy and completeness of the information in his Account.
     
     
   • The Influencer must keep the login details for his Account confidential, secure and not share them with third parties.
     
     
   • The Influencer is not allowed to log onto the Platform under another name or otherwise impersonate another person or party.
     
     
   • The Influencer is not allowed to modify, decompile, reverse engineer or use the Platform in any way other than for the BuzzBoost Service.
     
     
   • BuzzBoost reserves the right to remove the Influencer from the Platform or block access to the Platform with immediate effect if:
     • the Influencer violates the provisions in article 6.3, 6.4, 7.9 or 14.2;
     • the Influencer fails to perform its obligations under this agreement despite summons, or if there are reasonable grounds to suspect that these obligations will not be performed;
     • the Influencer is guilty of fraud, acts contrary to the

laws and/or regulations, or exhibits unbecoming behaviour on the basis of which this agreement cannot reasonably be expected to continue;

• BuzzBoost receives complaints from Companies about the Influencer and the complaint is not resolved, as described in clause 13.3;
• the Influencer is under 18 years of age.
  
  

• BuzzBoost aims for optimal availability of the Platform, but cannot guarantee this. If the Platform is unavailable other than due to maintenance and updates, BuzzBoost will make every effort to remedy this as soon as possible. BuzzBoost is not liable for any damage incurred during the period the Platform is unavailable.
  
  
• BuzzBoost will maintain and update the Platform on a regular basis. In doing so, BuzzBoost will endeavour to minimise any inconvenience to the Influencer. If planned maintenance or updates are expected to affect the availability of the Platform, BuzzBoost will inform the Influencer in advance.
  
  

7. Campaigns and Agreements
   
   
   • Through the Platform, the Influencer can view Campaigns and respond to Campaigns.
     
     
   • The Campaign includes a description of the conditions that the Influencer must meet in order to participate in the Campaign, the content of the offer that the Company makes to the Influencer, the consideration that the Company expects from the Influencer, the duration of the Campaign and other conditions.
     
     
   • The offer from the Campaign may consist of products, services and/or vouchers that will be provided by the Company to the Influencer.
     
     
   • Vouchers can only be used for the products or services offered in the Campaign. Vouchers cannot be redeemed for cash.
     
     
   • An Agreement arises when the Influencer accepts the offer in the Campaign. This Agreement is entered into between the Influencer and the Company that placed the Campaign. BuzzBoost is not a party to the Agreement.
     
     
   • The Agreement starts when the Influencer accepts the offer in the Campaign and ends when the Influencer has Proof Material
     
     
   • To prove that the Influencer has fulfilled the terms of the Agreement, the Influencer must provide Evidence. This evidence may include, for example, photos or screenshots of posts and stories on Instagram, Google reviews, blogs, videos or other content created by the Influencer under the Agreement. Evidence can be uploaded via the Influencer's Account.

• Evidence may not contain misleading, discriminatory, pornographic, offensive, threatening or inflammatory content or otherwise violate public order, morals or the law. BuzzBoost reserves the right to refuse to publish such Evidence Material or remove it from the Platform.
  
  
• The Influencer is responsible for fulfilling the Agreement on time. BuzzBoost accepts no liability in cases where the Influencer fails to fulfil the Agreement or fails to do so on time.
  
  
• BuzzBoost cannot make any guarantees to the Influencer regarding finding and/or quantity of suitable Campaigns.
  
  

8. Use of content
   
   
   • Companies may only use content created by the Influencer within the context of the Agreement for which this content was created. Companies are not allowed to use this content for other promotions, advertisements or other purposes.
     
     
   • BuzzBoost reserves the right to use content created by Influencers uploaded through the Platform (e.g. as Evidence) for promotional, statistical and analytical purposes.
     
     
   • BuzzBoost may, where appropriate, offer to create content for the Influencer, e.g. the creation of photo and video footage. If the Influencer agrees to and cooperates in the creation of this content, the Parties grant each other the irrevocable right to use this content for promotional purposes, including publication on websites, social media or printed material. The content will not be used in a way that damages the other Party's reputation and/or discredits its products or services.

• The provisions of this article remain in force after the Agreement is terminated.
  
  

9. Intellectual property rights
   
   
   • All Intellectual Property Rights to the Platform and other logos and materials developed by BuzzBoost are owned by BuzzBoost.
     
     
   • The Influencer is not allowed to copy, reproduce or make available to third parties the materials protected by Intellectual Property Rights without BuzzBoost's prior written consent.
     
     
   • The Influencer shall indemnify BuzzBoost against any third party claims arising from any infringement by the Influencer of BuzzBoost's Intellectual Property Rights.
     
     
   • All Intellectual Property Rights to materials provided by the Influencer to BuzzBoost, e.g. evidence for the performance of an Agreement, remain the property of the Influencer.
     
     
   • The provisions of this article remain in force after the Agreement is terminated.
     
     
10. Liability
    
    
    • BuzzBoost shall not be liable for any damage resulting from the provision of the Service unless the damage was caused intentionally or through gross negligence or wilful recklessness.
      
      
    • In cases of liability, BuzzBoost is not liable for consequential or immaterial damages.
      
      
    • If BuzzBoost can be held liable, this liability is limited to the value of the product, service or voucher offered in the Campaign to which the liability relates.
      
      
    • The Influencer shall indemnify BuzzBoost against all third-party claims related to the provision of the Service.
      
      
    • The Influencer shall indemnify BuzzBoost against all claims by third parties and/or Companies related to the execution of Agreements between the Influencer and Companies established through the Platform or in any other way through BuzzBoost as intermediary.
      
      
    • BuzzBoost is not liable for any damage caused by the Influencer to a Company and/or any other third party.
      
      
11. Personal data
    
    
    • BuzzBoost processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC) and will carry out the processing of personal data solely for the purpose of providing the Service in accordance with these terms and conditions. More information on how BuzzBoost handles personal data can be found in BuzzBoost's Privacy Policy.
      
      
12. Force majeure
    
    
    • A failure in the delivery of the Service cannot be attributed to BuzzBoost if there is force majeure. Force majeure means a situation which cannot be attributed to the fault of BuzzBoost and which is neither by virtue of law, legal act or generally accepted views for the account of BuzzBoost, including non-performance of suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions, strikes, work stoppages, fire, illness of staff, pandemics et cetera.
      
      
    • In the event of force majeure, the provision of the Service will be suspended during the period of force majeure, without any obligation for BuzzBoost to compensate potential damages to the Influencer.
      
      
13. Complaints
    
    
    • If the Influencer has a complaint about BuzzBoost's Platform, the provision of the Service or Companies failing to comply with agreements regarding the Platform or Campaigns, the Influencer should submit it in writing. BuzzBoost will respond to the complaint as soon as possible, but no later than 14 days after receipt of the complaint. If it is not yet possible for BuzzBoost to provide a substantive response within 14 days, it shall acknowledge receipt of the complaint and give an indication of the timeframe within which it expects to provide a substantive response to the complaint.
      
      
    • If the complaint is justified, BuzzBoost will resolve the complaint within a reasonable period of time. BuzzBoost will try to give an estimate of what is considered a reasonable timeframe with regard to this complaint.
      
      
    • If BuzzBoost receives complaints from Companies about the Influencer, BuzzBoost will address the Influencer and, depending on the nature of the complaint, give the Influencer a chance to resolve the complaint. If the complaint is not resolved, BuzzBoost reserves the right to remove the Influencer from the Platform.
      
      
14. Other provisions
    
    
    • The use of the masculine pronouns "he", "him", "his" or similar terms in this agreement shall be deemed to include female and neuter genders and the use of the singular shall be deemed to include the plural.
      
      
    • Parties shall not make any statements about the other Party and/or the products or services offered by it that may damage the reputation of the other Party and/or bring the products or services offered by it into disrepute.
      
      
    • Parties shall ensure that their obligations to the other Party are also fulfilled by their employees, representatives and/or contractors.
      
      
    • The Influencer shall not transfer its rights and obligations arising from the use of the Service to any third party without BuzzBoost's prior written consent.
      
      
    • If BuzzBoost transfers its rights and obligations arising from the provision of the Service to a third party, BuzzBoost will notify the Influencer in writing.
      
      
    • Failure to immediately exercise any right that the Parties may have under this Agreement shall in no way be deemed a waiver by such Parties.
      
      
15. Applicable law and competent court
    
    
    • All legal relationships between BuzzBoost and the Influencer shall be governed by Dutch law.
      
      
    • If disputes arise as a result of the Service, the Parties will make every effort to reach a solution between themselves before resorting to the courts.
      
      
    • If the Parties fail to settle a dispute arising from the Service between themselves, the dispute shall be submitted to the competent court within the Netherlands.
      
      
16. Privacy policy

• • Als Influencer bevestig je dat je kennis hebt genomen van onze privacy policy. Deze is te raadplegen via de volgende link: Privacy policy