Last Edited on 2017-07-27
inzpire.me is a marketplace platform that allows Brands and Influencers to identify each other, enable them to send and accept Booking requests, and enter into Booking Agreements. inzpire.me provides services to both Brand and Influencer, including facilitating the formation of Booking Agreements between Brands and Influencers and facilitating payments. Influencers create profiles and make them available to Brands. Brands browse Influencers and send them Booking requests. If a Brand and Influencer agree on terms, an agreement is formed directly between such Brand and Influencer. inzpire.me collects payment from the Brand through a Payment Service Provider, Mangopay. Funds are held in an Escrow Account and released to the Influencer in connection with their delivery of services.
1. General terms
1.2 Registering a User is available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
2. Key terms
“Account” shall mean the profile, and all underlying data, communication, and content, created and managed by a User.
“Booking” shall mean the request to perform a service sent from Brand to Influencer.
“Booking Agreement” shall mean a Booking between Brand and Influencer in which the terms for the Booking is specified and agreed upon.
“Brand” shall mean a User who is buying services on the Site.
“Channel” shall mean the respective social media site or website(s) where the Influencer distribute content.
“Collaboration” shall mean the process from when a Booking Agreement is agreed upon by Brand and Influencer to a Booking is completed.
“Disputes” shall mean disagreements experienced during a Booking between a Brand and an Influencer on inzpire.me.
“Escrow Account” shall mean an account held by the Payment Service Provider where any funds are being held before such funds shall be paid to the Influencer or repaid to the Brand.
“Influencer” shall mean a User who is selling services on the Site.
“Influencer Fee” is the fee the Influencer and Brand agree upon in the Booking Agreement.
“Pay-in” shall mean the Influencer Fee plus the fees and charges imposed by inzpire.me.
“Pay-out” shall mean the influencer fee the Influencer and Brand agree upon in the Booking Agreement minus the fees and charges imposed by inzpire.me and minus any applicable Taxes.
“Payment Method” means a payment method that you have added to your inzpire.me Account, such as a credit card or debit.
“Payment Service Provider” shall mean the payment service provider used by inzpire.me.
“Referral Reward” shall mean the reward an Influencer receives for referring a person to register on the Site as an Influencer.
“Service Fee” shall mean the fee charged by inzpire.me to Users for the use of the Site.
“User” shall mean a registered Brand or Influencer.
“Verified Payment” shall mean a successful payment to Payment Services Provider’s Escrow Account.
3. Acknowledgments by User of inzpire.me’s Role
3.1 A Booking Agreement is between Brand and Influencer, and inzpire.me only acts as a facilitator for the parties’ interaction on the Site. inzpire.me is not a party to any Booking Agreement between Brand and Influencer.
3.2 Influencers are not employees of inzpire.me, and inzpire.me does not, in any way, supervise, direct, or control Influencer services.
3.3 inzpire.me assumes no liability for content on any Influencer profile in their respective channels. The User is solely responsible for all aspects of any materials created, delivered, or managed through their Account (“Materials”). The User will conduct all marketing, business, and other activities related to Materials and use of the Platform in compliance with all local, state, and federal laws, rules and regulations applicable to User’s business.
3.4 Under all circumstances, inzpire.me cannot be held liable for any acts and/or omissions of either Influencer or Brand, including but not limited to infringements of third party rights including intellectual property rights or claims arisen as a result of either party’s failure to comply with obligations in the parties’ contractual relationship.
4.1 Any Brand may send any Influencer on the Platform a Booking request (“Booking”).
4.2 When a Brand requests a Booking, the Influencer is notified by email and may accept or decline the booking request.
4.3 When a Booking is accepted the funds (“Pay-in”) are withdrawn from the Brand’s added Payment Method and placed in an Escrow Account. An accepted Booking is considered a binding agreement.
4.4 The Influencer is required to meet the delivery date specified in the Booking Agreement.
4.5 The Influencer is required to provide proof of work if specified in the Booking Agreement and should mark the Booking as Delivered upon delivery.
4.6 The Brand must mark the booking as completed when the Influencer has completed the collaboration according to the Booking Agreement. The funds (Pay-out) will then be released from the Escrow Account to the Influencer’s wallet.
5.1 Users are solely responsible and liable for activity that occurs by using their Account and shall be responsible for maintaining the confidentiality of your password. Users are required to immediately notify inzpire.me in writing of any change in authorization, any unauthorized use of their Account, or other accounts related security breach of which they are aware.
6. Influencer’s Responsibility
6.1 Fake followers, likes, shares, views, and comments lead to low engagement and loss of integrity and reputation. inzpire.me strictly prohibits participation in any 'like,' 'share,' 'comment,' 'follower' exchange program (ie. follower-for-follow) and the use of third-party services or applications (paid or unpaid) to boost engagement levels. Any attempt to acquire fake likes, shares, views, comments in any Channel is considered a violation of these Terms of Service, and in such cases, inzpire.me reserves the rights to remove the Influencer’s account, stop payments, and/or demand a refund, without notice.
7. Invoices and Payments
7.1 inzpire.me shall have no responsibility for determining the necessity of issuing any formal invoice. inzpire.me creates a sample invoice at Verified Payment issued by the Influencer to the Brand. This is a service provided by inzpire.me and the Influencer may choose not to use the sample invoice and provide the Brand with other documentation.
7.2 The Brands, not inzpire.me, are solely responsible for honoring any confirmed Bookings. If an Influencer chooses to enter into a transaction with a Brand for a Booking, the Influencer agrees and understands that they will be required to enter into an agreement with the Brand and they agree to accept any terms, conditions, rules and restrictions associated with such Booking imposed by the Brand. The Influencers acknowledge and agree that they, not inzpire.me, will be responsible for performing the obligations of any such agreements, that inzpire.me is not a party to such agreements, and that inzpire.me (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
7.3 Users shall be solely responsible for determining what is required by applicable law to enter into agreements, use the Site and act as required. This includes, but is not limited to, paying any applicable taxes and issuance of formal invoices.
7.4 inzpire.me charges Brands and Influencers a Service Fee for the use of the Site. The Brand’s Service Fee is an added 5% on Pay-in. Influencers’ Service Fee is 5% deducted of Pay-out.
7.5 Users agree to use the Payment Service Provider as decided by inzpire.me, and which is provided from the website for the transfer of funds between Users. By accepting these terms of service Users also accept MangoPay's terms and conditions or the user terms provided by another Payment Service Provider. The Payment Service Provider may charge fees for the use of their payment services, which Users agree to pay.
7.6 Under all circumstances, inzpire.me cannot be held liable for any acts and/or omissions of either the Brand or the Payment Service Provider, including but not limited to the correctness of any payment made through the use of the Payment Service Provider and infringements of third party rights or claims arisen as a result of either party’s failure to comply with obligations in the parties’ contractual relationship.
7.7 Incomplete Collaborations is limited to cases where the Influencer undeniably has failed to deliver by not providing or posting the content, or omitted from being present at an activity or event specified in the Booking Agreement, within a reasonable timeframe. In such cases, the Brand may not mark the booking as completed and receive a refund. The funds will then be refunded to the Brand’s added Payment Method.
8.1 Users may select US Dollars or Euro as their currency of choice. The exchange rate will be based on the data provided by Yahoo Currency Converter. The rate will be updated every day, but it may differ slightly from the real-time market rate.
8.2 If an Influencer’s currency is different from the currency the Brand is paying in, the payment will be automatically charged in the Influencer's currency.
8.3 The payment will be displayed in both USD and EUR when funding the Booking. The payment will be approximate, as the exchange rate will not be locked in until the Influencer accepts the booking request.
8.4 The conversion fee for exchanging currency will be dependent on the payment provider and/or Payment Method. Users may contact their payment provider (ie. credit card provider) to check what policies and fees may apply.
9. Marketplace Feedback
9.1 For the benefit of other Users, inzpire.me encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that feedback results will consist of comments, ratings, and other feedback left by other Users, and that inzpire.me will make this available to other marketplace Users, including composite feedback based on these individual ratings.
9.2 inzpire.me provides its public feedback system as a means through which Users can share their opinions publicly and inzpire.me does not monitor or censor these opinions. inzpire.me does not investigate any remarks posted by Users for accuracy or reliability but may do so upon request from User.
9.3 Users may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory.
9.4 inzpire.me is not legally responsible for any feedback or comments posted or made available on the Platform by any Users, even if that information is defamatory or otherwise legally actionable.
9.5 In order to protect the integrity of the feedback system and protect Users from abuse, inzpire.me reserves the right (but is under no obligation) to remove posted feedback or information that in inzpire.me's sole judgment violates the Terms of Service or negatively affects our marketplace community or operations.
10. Privacy Matters
10.2 Users agree that unless they explicitly indicate otherwise, inzpire.me may use content created through Collaborations between Influencer’s and Brands on the Platform for marketing purposes, but will in such cases ask for the User’s consent.
11. Ending These Terms
11.1 Users may end their legal agreement with inzpire.me at any time by deactivating your accounts and discontinuing their use of inzpire.me’s services.
12. Referral Program
12.1 The inzpire.me Referral Program allows registered Influencers to earn money by referring new Influencers to inzpire.me. This is accomplished if a referred person clicks a referral link to create a new Influencer Account.
12.2 The referring Influencer (“Referrer”) will receive a Referring Reward of 5% of the referred Influencer’s earnings the first 12 months. The 5% Referring Reward is equal to the 5% service fee deducted by inzpire.me from the Influencer Fee and is collected by inzpire.me and paid out to the Referrer. The Referring Reward is paid out when the referred Influencer completes a Booking Agreement.
12.3 A referred person may only use one referral link. If a referred person receives referral links from multiple Influencers, only the corresponding Influencer of the referral link used by the referred person will get the new Influencer as a referral.
12.4 inzpire.me reserves the right to change the Referral Reward at any time without prior notice.
12.5 inzpire.me may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. inzpire.me reserve the right to remove earnings if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate.
13. Resolution of Disputes
We encourage Brands and Influencers to try and settle disputes amongst themselves. If for any reason this fails after using the Knowledge Center or if the User encounter non-permitted usage on the Site, inzpire.me’s Customer Support can be contacted for assistance.
13.1 inzpire.me will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by Mangopay. inzpire.me will, in accordance with Mangopay’s terms and conditions, help facilitate transaction disputes.
13.2 inzpire.me, for the benefit of Users, may try to help Users resolve disputes. inzpire.me does so in its sole discretion, and it has no obligation to resolve disputes between Users or between Users and outside parties.
13.3 These Terms of Service and any non-contractual obligations arising out of or in connection with it shall be governed by and construed and interpreted in accordance with Norwegian laws without regard to its conflict of law rules.
15. Sharing Your Content and Information
15.1 For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-liscensable, royalty-free, worldwide license to use any IP content that you post on or in connection with inzpire.me (IP License).
In non-lawyerish terms, we love your the content you create, and we just want an opportunity to showcase it on our social media channels!
16. Intellectual Property Ownership and Rights Notices
16.1 The Site, services, application, and collective content are protected by copyright, trademark, and other laws of Norway and foreign countries. You acknowledge and agree that the Site, services, applications, and collective content, including all associated intellectual property rights, are the exclusive property of inzpire.me and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, services, application, and collective content.
16.2 Trademarks, service marks, logos, trade name and any other proprietary designations of third parties used on or in connection with the Site, application, services, and inzpire.me content are used for identification purposes only and may be the property of their respective owners.
17. Additional Responsibilities
17.1 You agree not to use the Platform or Services in connection with, or to promote campaigns or ads containing: (i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on the personal rights, trademark, service mark, trade dress, trade name, logo, publicity right, copyright, patent rights, or any other intellectual property right of any third party; (iii) content that infringes on the personal rights, patent rights, or any other intellectual property right of any third party; (iv) content links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that you know to be false and misleading.
18.1 The Platform, other content provided through the platform, and all technology, software, materials, data, or images provided or used by or on behalf of inzpire.me or its licensors in connection with the Platform (collectively the “Platform Offerings”) are provided “as is” and on an “as available” basis. Except as expressly set forth in this agreement, inzpire.me makes no other representation or warranty of any kind, whether expressed, implied, statutory, or otherwise with respect to the Platform Offerings. Except to the extent prohibited by applicable law, inzpire.me disclaims all implied warranties with respect to the Platform Offerings, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing, performance, or trade usage.
18.2 inzpire.me will not be held responsible for (a) any errors, inaccuracies, or service interruptions, including power outages or system failures; or (b) any unauthorized access to, use of, or alteration of, or deletion, destruction, damage, or loss of, company’s advertisement or any data, images, text, or other information or content.
18.3 inzpire.me may discontinue any aspect of the platform or any platform offering, or may change the nature, features, functions, scope, or operation of the platform or any platform offering, at any time.
18.4 inzpire.me does not warrant in any way that the platform or the platform offerings will be provided in an uninterrupted manner or that the related content will be error-free or free of harmful components. In addition, inzpire.me does not warrant that the platform will meet your requirements and expectations or that you will achieve any particular result from using the platform.
19. Limitations of Liability
19.1 To the extent permitted by law, in no event shall inzpire.me be liable for any indirect, incidental, consequential, special or exemplary damages, including, without limitation any lost opportunity or profits, costs of procurement of substitute goods or services, loss of goodwill or any other intangible benefit, even if such damages are foreseeable and whether or not inzpire.me has been advised of the possibility thereof. In no event shall inzpire.me’s liability exceed the total amount paid to inzpire.me by you for services during the preceding six (6) months. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the inzpire.me entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
20. Contacting Us
If you have questions or need assistance, please contact us at firstname.lastname@example.org.