Terms of
Service

For influencers

These Terms constitute an agreement between you as an Influencer and AIKE. AIKE provides a service named AIKE with the purpose to facilitate the connection and interaction between advertisers and influencers for marketing purposes. These Terms govern the use of the Service and apply to all Influencers using it.

DEFINITIONS

"Client"
means a company or other legal entity using the Service as a potential buyer of marketing services.
"Campaign"
means each specific marketing campaign where the Influencer collaborates with a Client using the Service, except for affiliate marketing campaigns.
"Campaign Compensation"
means the Influencer's fee for each completed Campaign.
"AIKE"
means Aike Media AB, a company incorporated under the laws of Sweden with company reg. no. 556658-5054.
"Confidential Information"
means any information about the other Party's business that may be considered a business or professional secret.
"Content"
means the marketing materials created by the Influencer under a Campaign for a Client.
"Influencer"
means a company or other legal entity providing marketing services through its or an individual's digital channels, i.e. Instagram and other social media, via the Service.
"Party" and "Parties"
means AIKE and the Influencer.
"Service"
means the service platform named AIKE, provided by AIKE with the purpose to facilitate the connection and interaction between Clients and Influencers for marketing purposes, currently provided at app.aikemedia.app.
"Terms"
means these general terms and conditions in their latest version.
"we", "us" and "our"
refers to AIKE.
"you"
refers to the Influencer.

1. ACCEPTANCE OF THE TERMS

  • Prior to using the Service, Influencer must have read, understood and accepted the Terms. By checking the "I accept" box during account sign-up, the Terms constitute an agreement between Influencer and AIKE, and Influencer agrees to strictly adhere to the Terms and to be legally bound to the Terms in relation to AIKE.
  • Influencer represent and warrant that you have full authority to legally bind the Influencer, whether a company or another legal entity, to the Terms, and to strictly adhere to the Terms when using the Service.
  • If you do not agree to the Terms, or any updated version of it, you may not use the Service.
  • You can access the latest version of these Terms at any time in the Service and on the website www.aikemedia.com.

2. USER ACCOUNT

  • To get access to the Service, you need to create an account for the Influencer. You are responsible for providing accurate, current, and complete information in connection with the registration. You acknowledge that the account details provided are true and correct and that, when necessary, you will update your account details so that they remain true and correct.
  • You are solely responsible for maintaining the confidentiality of your and/or the Influencer's login information. We have no responsibility for any unauthorized use of your account.
  • AIKE reserves the right to, at its own discretion, deny any user access to the Service and may request a credit report prior to opening an Influencer user account or participating in a Campaign.

3. THE SERVICE

  • AIKE will make available the Service to Client via the AIKE website and any web-based services, applications and other software or interfaces that AIKE may provide.
  • The purpose of the Service is to facilitate the connection and interaction between Clients and influencers for marketing purposes. Thus, marketing is provided by Influencers through the respective Influencer's social media profiles.
  • The Service allows you to browse Influencers as listed in the Service and invite Influencers to take part in marketing activities. Participation is voluntary for the Influencer.
  • We do not guarantee that invited Influencers will join your marketing activities as offered under the Service.
  • AIKE acts solely as a service provider and intermediary between Client and the Influencer, providing the technical solution for the Service. We do not take part in any marketing nor decide the particulars relating to Client's marketing activities.
  • All marketing is provided by Influencers through their digital channels.

4. INFLUENCER'S GENERAL UNDERTAKINGS

  • Influencer undertakes to use the Service in accordance with applicable law and regulation, and may not use the Service in any way that causes AIKE, a Client or any third party harm.
  • Influencer also undertakes to provide Content and marketing activities (such as posting Content on your social media channels) during a Campaign in accordance with the Terms, the terms and conditions for each Campaign as well as applicable law and regulation.
  • Client is responsible for its use of the Service and its Campaigns, and Influencer is responsible for its participation in Campaigns, Content and other marketing provided by the Influencer. Influencer is responsible for any and all Content and other results deriving from its use of the Service or its use of such Content or other results, including without limitation that such Content does not violate any applicable law or regulation.
  • Influencer may not use the Service to communicate or publish information (including but not limited to any Content) that infringes or violates someone else's right (copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
  • Influencer may not, nor allow any third party, to copy, distribute, sell, lend, rent, transfer, convey, modify, decompile, disassemble, perform data mining, or reverse engineer any parts of the Service, nor try to get access to the source code. Influencer must hold a F-tax card for business income (Sw: F-skattsedel) or the equivalent. Influencer must also hold and maintain an adequate professional indemnity insurance.
  • The Influencer acknowledges and agrees that AIKE, and any third party AIKE may cooperate with, owns all right, title and interest to the Service and the data included therein, including all patents, copyrights, trade secret and other proprietary rights thereto, unless explicitly stated otherwise in the Terms. Any information, including, without limitation, any Client's, user names, contact details etc. made available to you via the Service must only be used within the Service. Influencer must not copy, save or otherwise process such information outside the Service or for any other purposes for which the Service is intended.
  • The user account is a personal account for using the Service and may only be accessed for Influencer's own use. You may not authorize others to use the account and may not assign or otherwise transfer the account to any other person or entity. If Influencer uses the Service on behalf of somebody else, for instance as an agency, Influencer remains liable for Client's obligations hereunder.
  • Upon notice Influencer must immediately, without compensation, remove any Content or other material created or published by Influencer within the context of a Campaign that Client considers is not in line with the Client's values, marketing guidelines, branding or is otherwise undesirable. Further, you must immediately, without compensation, remove any Content or other material related to a Campaign or your use of the Service that Collab's finds obscene, contains inappropriate material and/or in any other way could violate the Terms, applicable law and/or may infringe someone else's intellectual property rights. The removal of Content or other material in accordance with this section must be done immediately on all your digital channels.

5. AIKE'S UNDERTAKINGS

  • AIKE will provide the Service "as is". While AIKE will always strive to provide continued availability and superior quality of the Service, AIKE does not guarantee any specific availability.
  • Client is aware and agree that the Service may from time to time may contain minor bugs, interruptions and limited availability. AIKE will make commercially reasonable efforts to remedy such interruptions as soon as possible.
  • AIKE continuously modifies and upgrades the Service. To the extent reasonable possible, such adjustments will be made in a way that limits any disruptions.
  • Some products and services offered through the Services are offered by third parties. AIKE is not liable for any products and/or services provided or offered by third parties. The terms and conditions of the providing third parties will apply to such products and services.

6. FEES AND CAMPAIGN COMPENSATION

  • Setting up a user account to gain access to the Service is free of charge.
  • As compensation for participation and completion of a Campaign, Influencer will be entitled to Campaign Compensation. The terms for the Campaign Compensation are set out in section 8.2 unless otherwise agreed for a specific Campaign.
  • AIKE will pay Affiliate Marketing Fee to Influencer when AIKE has received final and non-refundable payment for the relevant affiliate marketing campaign, or 60 days after completion of the relevant affiliate marketing campaign, whichever occurs later.

7. CAMPAIGNS

  • Launching a Campaign and delivery of Content
    • All Campaigns are subject to Client paying the Campaign Fee. Client will have no right to use any Content unless and until the Campaign Fee is paid in full.
    • Influencer will submit the Content under a Campaign for Client's approval. Client undertakes not to unreasonably withhold or delay such approval.
    • AIKE reserves the right to, without prior notice and without compensation, remove any content that we find obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else's intellectual property rights.
  • Payment of Campaign Fee
    • Client will pay the Campaign Fee to AIKE against invoice. The Campaign Fee is due within 30 days after Client's approval of the Content.
    • Client acknowledges and confirms that the Campaign Fee is non-refundable upon Client's approval of the Content.
    • In the event of a dispute between Client and Influencer, AIKE may at its own discretion transfer any claims of AIKE against Influencer to Client and any claims against Client to Influencer. Client hereby consents to such transfers.
  • Sending goods to Influencers
    • If Client will provide an Influencer with goods in connection with a Campaign, as remuneration for a or otherwise, Client is solely responsible for sending such goods to the Influencer as well as the for the goods as such. AIKE assumes no responsibility or liability for such goods.
    • If Client has sent goods to Influencers under a specific Campaign, and the Influencer does not perform and complete the tasks of the Campaign, the Client may require the Influencer to return the goods. If the Influencer does not comply with the request to return the goods within seven days from failing to fulfill the Campaign, the Client may invoice the Influencer an amount equal to the market value of the goods sent.
    • The Client is responsible for any legal requirements relating to sending goods to an Influencer in the context of a Campaign, such as requirements relating to taxes, accounting, bribery restrictions, export controls and similar customs and foreign trade regulations. Client undertakes to take all necessary measures to comply with national or international foreign trade regulations, embargos or other sanctions.
  • License grant to AIKE
    • Unless otherwise agreed, Client grants to AIKE a worldwide non-exclusive right to use and publicly display Client's brands, trademarks and logotypes for marketing purposes and to provide the Service for as long as Client has a user account and six months thereafter.
  • License to Content
    • Unless otherwise set out in the terms for the Campaign, AIKE will, subject to Client's payment of the Campaign Fee, grant a worldwide, non-exclusive license free of charge to use, modify, commercially exploit and publish the Content under the Campaign for marketing Client's brands, trademarks and products for the duration of the Campaign and one year thereafter.

8. PRIVACY AND DATA PROTECTION

  • Each party is responsible for ensuring that its processing of personal data in connection with the Services is carried out in accordance with the EU General Data Protection Regulation 2016/679 ("GDPR") and any other applicable law.
  • Such data may only be collected and processed to the extent necessary for each party to fulfil its obligations under this Agreement.
  • To the extent personal data is processed on behalf of the other party, each party agrees to only process such data in accordance with a separate data processing agreement and always subject to GDPR and applicable law.
  • AIKE agrees to take the technical and organizational measures to protect personal data collected in connection with the Services or processed on behalf of the other party from unauthorized access, destruction, or alteration.

9. NO WARRANTY AND LIMITATION OF LIABILITY

  • No warranty
    • 9.1.1. The Service and any Content contained or made available by an Influencer under the Service, including text, graphics, information, links or other items, are all provided "as is" and "as available". AIKE does not warrant that Influencer fulfils its obligations to publish approved Content.
    • 9.1.2. AIKE does not provide any warranty of any kind, express or implied for the Service including without limitation the availability of the Service and that Client's use of the Service will be secure, uninterrupted, safe, error-free or that any defects in the Service will be corrected.
    • 9.1.3. AIKE does not guarantee Content, including the accuracy, completeness or usefulness thereof or any information provided in connection thereto.
    • 9.1.4. AIKE make no representation or warranty of any kind relating to the availability, sustainability or credentials of any Influencer listed in the Service or which Client involves in a Campaign, nor the quality, reliability, impact or accuracy of any marketing and campaign participation provided by any Influencer. Any invitation to an Influencer to participate in a Campaign is at Client's own risk.
  • Limitation of Liability
    • 9.2.1. In no event will AIKE be liable or obligated to Client (or any other affiliates or persons to Client) for any indirect, incidental, special, consequential aggravated, exemplary or punitive damages; any lost sales, lost revenue, lost profit, lost data or re-procurement amount, arising out of the use of the Service.
    • 9.2.2. AIKE's total, cumulative and aggregate liability to Client arising out of the Service will be limited to direct damages and will not exceed EUR 500.
    • 9.2.3. AIKE hereby expressly excludes any and all liability to any third party.

10. TERM AND TERMINATION

  • Term and changes and amendments
    • 10.1.1. These Terms will take effect when accepted in connection with registering a user account and will remain in force until further notice. The Terms will apply until your account has been closed or until all Campaigns have been completed, if longer.
    • 10.1.2. AIKE may change or amend the Terms giving Influencer 30 days' notice before entering into force. If Influencer does not accept the contemplated change or amendment, Influencer may terminate the Service under section 11.2.1. If not so terminated, the Influencer will be bound by the changed and/or amended Terms.
  • Termination of Service or Campaign
    • 10.2.1. Influencer may terminate the Service at any time by deleting its user account, thus ending its access to the Service.
    • 10.2.2. AIKE may, at its sole discretion and without any obligation to give cause, terminate Influencer's access to Service for convenience giving 30 days' notice.
    • 10.2.3. AIKE may terminate any Campaign and/or the Influencer's access to the Service with immediate effect if Influencer, breaches the Terms, breaches the terms and conditions for a Campaign, or becomes subject to bankruptcy, liquidation, corporate re-organization, or composition proceedings, or has suspended payments or is (or is reasonably expected to become) deemed to be insolvent.
    • 10.2.4. Terminations made in accordance with this section 11.2 will not give rise to any liability towards the other Party.
  • Consequences of termination
    • 10.3.1. The termination of the Service means that each Party's future rights and obligations will terminate unless otherwise stated herein. The termination does not affect any rights and obligations that have derived prior to termination.
    • 10.3.2. In the event of termination of the Service the Parties rights and obligations pertaining to Services under an on-going Campaign will continue to apply until completion or termination of that Campaign.

11. INDEPENDENT CONTRACTORS

  • The relationship between AIKE and Influencer shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, employer or in any other capacity, except as specifically provided herein.
  • Influencer must pay statutory taxes, fees and other charges as an independent business. Nothing in the agreement between the Parties will be construed as an employment or an employment-like relationship.
  • In the event that Influencer would be considered an employee under applicable Swedish or European law and AIKE as a consequence would be liable to pay taxes, social security contributions, fees, charges or other expenses and lawful obligations on Influencer's behalf, Influencer shall compensate AIKE for all such costs that may incur as a result thereof.

12. INTELLECTUAL PROPERTY RIGHTS

  • All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Service are reserved by AIKE or third parties.
  • Nothing in the Terms grant Influencer or any third party a right or license to use any trademark, copyright or other intellectual property right owned or controlled by AIKE or a third party, unless explicitly granted herein.

13. CONFIDENTIALITY

  • Each Party agrees not to disclose information about the other Party and/or its activities which may be deemed to be of confidential nature without the prior written permission from such Party.
  • It is expressly understood that Influencer must not use information made available in the Service, such as Clients and their personal data, for any other purpose than as provided for under the Service. Consequently, Influencer must keep confidential such information and undertake not share or divulge it to any third party.

14. MISCELLANEOUS

  • Force Majeure
    • 14.1.1. Where AIKE is prevented from fulfilling its obligations pursuant to the Terms due to circumstances which are beyond AIKE's reasonable control such as acts of any governmental body, war, insurrection, sabotage, embargo, widespread epidemic, fire, flood, extreme weather conditions, strike or other labour disturbance, interruption of or delay in transportation or communications, unavailability, interruption of, or delay in telecommunications or third party services (including DNS propagation), or failure of third party software or hardware, and errors or delays in services from sub-contractors due to circumstances as stated herein, such circumstances shall constitute an excuse which occasions a postponement of the time for performance and a release from liability in damages and any other penalties.
  • Assignment
    • 14.2.1. Influencer is not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from AIKE.
    • 14.2.2. AIKE may, without prior obtaining of Influencer's approval, assign the Terms to another company in the same company group as AIKE, or a third party in connection with a transfer of all or substantially all of AIKE's assets.
  • Severability and survival
    • 14.3.1. If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected.
    • 14.3.2. It is expressly understood that all provisions regarding limitations of liability and indemnities will remain in full force and effect and will survive the termination of the Service, regardless of cause.
  • Waivers
    • Failure or delay by AIKE in exercising any right or remedy under the Terms will not constitute a waiver of such (or any other) right or remedy.
  • Entire agreement
    • The Terms constitute the entire agreement between Influencer and AIKE on all issues to which the Terms relate. However, if Influencer has a separate agreement with AIKE regarding the Service, the terms of such an agreement will have priority over these Terms in case of contradictions.

15. GOVERNING LAW AND DISPUTE RESOLUTION

  • These Terms shall be construed in accordance with and be governed by the substantive laws of Sweden.
  • Dispute resolution
    • 15.2.1. Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination or invalidity thereof, will be finally settled by the public courts of Sweden, with Stockholm District Court as first instance.

For advertisers

DEFINITIONS

"Client"
means a company or other legal entity using the Service.
"Campaign"
means each specific marketing campaign where the Client collaborates with an Influencer using the Service.
"Campaign Fee"
means the fee for each Campaign, including the fee to the Influencer as agreed between the Client and the Influencer, and a fee to AIKE as specified in the applicable price list, as otherwise agreed separately in writing with AIKE, or 5,95 per cent of the fee to the Influencer for the relevant Campaign.
"AIKE"
means AIKE AB, a company incorporated under the laws of Sweden with company reg. no. 559141-0062.
"Confidential Information"
means any information about the other Party's business that may be considered a business or professional secret.
"Content"
means the marketing materials created by the Influencer under a Campaign for a Client.
"Influencer"
means a company providing marketing services through its or an individual's digital channels, i.e. Instagram and other social media, via the Service.
"Party" and "Parties"
means AIKE and Client.
"Service"
means the service platform named AIKE, provided by AIKE with the purpose to facilitate the connection and interaction between Clients and Influencers for marketing purposes, currently provided at app.aikemedia.app.
"Terms"
means these general terms and conditions in their latest version.
"we", "us" and "our"
refers to AIKE.

1. ACCEPTANCE OF THE TERMS

  • Prior to using the Service, you must have read, understood and accepted the Terms. By checking the "I accept" box during account sign-up, the Terms constitute an agreement between Client and AIKE, and Client agrees to strictly adhere to the Terms and to be legally bound to the Terms in relation to AIKE.
  • You represent and warrant that you have full authority to legally bind Client, whether a company or another legal entity, to the Terms, and to strictly adhere to the Terms when using the Service.
  • If you do not agree to the Terms, or any updated version of it, you may not use the Service.
  • You can access the latest version of these Terms at any time in the Service and on the website www.aikemedia.com.

2. USER ACCOUNT

  • To get access to the Service, you need to create an account for the Client. You are responsible for providing accurate, current, and complete information in connection with the registration. You acknowledge that the account details provided are true and correct and that, when necessary, you will update your account details so that they remain true and correct.
  • You are solely responsible for maintaining the confidentiality of your and/or Client's login information. We have no responsibility for any unauthorized use of your account.
  • AIKE reserves the right to, at its own discretion, deny any user access to the Service and may request a credit report prior to opening a Client user account or launching a Campaign.

3. THE SERVICE

  • AIKE will make available the Service to Client via the AIKE website and any web-based services, applications and other software or interfaces that AIKE may provide.
  • The purpose of the Service is to facilitate the connection and interaction between Clients and influencers for marketing purposes. Thus, marketing is provided by Influencers through the respective Influencer's social media profiles.
  • The Service allows you to browse Influencers as listed in the Service and invite Influencers to take part in marketing activities. Participation is voluntary for the Influencer. We do not guarantee that invited Influencers will join your marketing activities as offered under the Service.
  • AIKE acts solely as a service provider and intermediary between Client and the Influencer, providing the technical solution for the Service. We do not take part in any marketing nor decide the particulars relating to Client's marketing activities. All marketing is provided by Influencers through their digital channels.

4. CLIENT'S GENERAL UNDERTAKINGS

  • Client undertakes to use the Service in accordance with applicable laws and regulations and may not use the Service in any way that causes us or any third party harm. Client may not use the Service to communicate or publish information (including but not limited to any content provided by or produced by the Client) that infringes or violates someone else's right (regardless of form and including without limitation copyright, trademark, or other intellectual property right), information that may violate the integrity of, intimidate or offend another person, information that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination and/or racial agitation).
  • Client is responsible for its use of the Service and the Influencer is responsible for its participation and the marketing provided by the Influencer. The Client is responsible for any and all content and results deriving from its use of the Service or its use of such content or other results, including without limitation and that such content does not violate any applicable law or regulation.
  • Client may not, nor allow any third party, to copy, distribute, sell, lend, rent, transfer, convey, modify, decompile, disassemble, perform data mining, or reverse engineer any parts of the Service, nor try to get access to the source code.
  • Client acknowledges and agrees that AIKE, and any third party AIKE may cooperate with, owns all right, title and interest to the Service and the data included therein, including all patents, copyrights, trade secret and other proprietary rights thereto, unless explicitly stated otherwise in the Terms. Any information, including, without limitation, any Influencers, user names, contact details etc. made available to you via the Service must only be used within the Service. Client must not copy, save or otherwise process such information outside the Service or for any other purposes for which the Service is intended.
  • The user account is your personal account for using the Service and may only be accessed for your own use. You may not authorize others to use the account and may not assign or otherwise transfer the account to any other person or entity. If Client uses the Service on behalf of somebody else, for instance as an agency, Client remains liable for Client's obligations hereunder.

5. AIKE'S UNDERTAKINGS

  • AIKE will provide the Service "as is". While AIKE will always strive to provide continued availability and superior quality of the Service, AIKE does not guarantee any specific availability. Client is aware and agree that the Service may from time to time may contain minor bugs, interruptions and limited availability. AIKE will make commercially reasonable efforts to remedy such interruptions as soon as possible.
  • AIKE continuously modifies and upgrades the Service. To the extent reasonable possible, such adjustments will be made in a way that limits any disruptions.
  • Some products and services offered through the Services are offered by third parties. AIKE is not liable for any products and/or services provided or offered by third parties. The terms and conditions of the providing third parties will apply to such products and services.

6. FEES

Setting up a user account to gain access to the Service is free of charge. Launching a Campaign is subject to Client paying the Campaign Fee. The terms for the Campaign Fee are set out in section 8.2 unless otherwise agreed for a specific Campaign. In the event that a Campaign is not completed or Client retains an Influencer found using the Service directly without the involvement of AIKE, AIKE will still be entitled to a fee, if Client during six months from the termination of the Service completes a campaign identical or similar to the Campaign. The fee payable to AIKE in such an event will be a normal Campaign Fee for the campaign in question as set out in AIKE's at the time applicable price list, less 90 percent or SEK 100,000, whichever higher. Should Client not pay an invoice in the right time, interest on late payment shall accrue according to Swedish Interest Act (Sw: räntelagen (1975:635)).

7. CAMPAIGNS

  • Launching a Campaign and delivery of Content
    • All Campaigns are subject to Client paying the Campaign Fee. Client will have no right to use any Content unless and until the Campaign Fee is paid in full.
    • Influencer will submit the Content under a Campaign for Client's approval. Client undertakes not to unreasonably withhold or delay such approval.
    • AIKE reserves the right to, without prior notice and without compensation, remove any content that we find obscene, containing inappropriate material and/or in any other way could violate the Terms, applicable laws and regulations and/or may infringe someone else's intellectual property rights.
  • Payment of Campaign Fee
    • Client will pay the Campaign Fee to AIKE against invoice. The Campaign Fee is due within 30 days after Client's approval of the Content.
    • Client acknowledges and confirms that the Campaign Fee is non-refundable upon Client's approval of the Content.
    • In the event of a dispute between Client and Influencer, AIKE may at its own discretion transfer any claims of AIKE against Influencer to Client and any claims against Client to Influencer. Client hereby consents to such transfers.
  • Sending goods to Influencers
    • If Client will provide an Influencer with goods in connection with a Campaign, as remuneration for a or otherwise, Client is solely responsible for sending such goods to the Influencer as well as the for the goods as such. AIKE assumes no responsibility or liability for such goods.
    • If Client has sent goods to Influencers under a specific Campaign, and the Influencer does not perform and complete the tasks of the Campaign, the Client may require the Influencer to return the goods. If the Influencer does not comply with the request to return the goods within seven days from failing to fulfill the Campaign, the Client may invoice the Influencer an amount equal to the market value of the goods sent.
    • The Client is responsible for any legal requirements relating to sending goods to an Influencer in the context of a Campaign, such as requirements relating to taxes, accounting, bribery restrictions, export controls and similar customs and foreign trade regulations. Client undertakes to take all necessary measures to comply with national or international foreign trade regulations, embargos or other sanctions.
  • License grant to AIKE
    • Unless otherwise agreed, Client grants to AIKE a worldwide non-exclusive right to use and publicly display Client's brands, trademarks and logotypes for marketing purposes and to provide the Service for as long as Client has a user account and six months thereafter.
  • License to Content
    • Unless otherwise set out in the terms for the Campaign, AIKE will, subject to Client's payment of the Campaign Fee, grant a worldwide, non-exclusive license free of charge to use, modify, commercially exploit and publish the Content under the Campaign for marketing Client's brands, trademarks and products for the duration of the Campaign and one year thereafter.

8. PRIVACY AND DATA PROTECTION

  • Each party is responsible for ensuring that its processing of personal data in connection with the Services is carried out in accordance with the EU General Data Protection Regulation 2016/679 ("GDPR") and any other applicable law.
  • Such data may only be collected and processed to the extent necessary for each party to fulfil its obligations under this Agreement.
  • To the extent personal data is processed on behalf of the other party, each party agrees to only process such data in accordance with a separate data processing agreement and always subject to GDPR and applicable law.
  • AIKE agrees to take the technical and organizational measures to protect personal data collected in connection with the Services or processed on behalf of the other party from unauthorized access, destruction, or alteration.

9. NO WARRANTY AND LIMITATION OF LIABILITY

  • No warranty
    • 9.1.1. The Service and any Content contained or made available by an Influencer under the Service, including text, graphics, information, links or other items, are all provided "as is" and "as available". AIKE does not warrant that Influencer fulfils its obligations to publish approved Content.
    • 9.1.2. AIKE does not provide any warranty of any kind, express or implied for the Service including without limitation the availability of the Service and that Client's use of the Service will be secure, uninterrupted, safe, error-free or that any defects in the Service will be corrected.
    • 9.1.3. AIKE does not guarantee Content, including the accuracy, completeness or usefulness thereof or any information provided in connection thereto.
    • 9.1.4. AIKE make no representation or warranty of any kind relating to the availability, sustainability or credentials of any Influencer listed in the Service or which Client involves in a Campaign, nor the quality, reliability, impact or accuracy of any marketing and campaign participation provided by any Influencer. Any invitation to an Influencer to participate in a Campaign is at Client's own risk.
  • Limitation of Liability
    • 9.2.1. In no event will AIKE be liable or obligated to Client (or any other affiliates or persons to Client) for any indirect, incidental, special, consequential aggravated, exemplary or punitive damages; any lost sales, lost revenue, lost profit, lost data or re-procurement amount, arising out of the use of the Service.
    • 9.2.2. AIKE's total, cumulative and aggregate liability to Client arising out of the Service will be limited to direct damages and will not exceed EUR 500.
    • 9.2.3. AIKE hereby expressly excludes any and all liability to any third party.

10. TERM AND TERMINATION

  • Term and changes and amendments
    • 10.1.1. These Terms will take effect when accepted in connection with registering a user account and will remain in force until further notice. The Terms will apply until your account has been closed or until all Campaigns have been completed, if longer.
    • 10.1.2. AIKE may change or amend the Terms giving Client 30 days' notice before entering into force. If Client does not accept the contemplated change or amendment, Client may terminate the Service under section 11.2.1. If not so terminated, the Client will be bound by the changed and/or amended Terms.
  • Termination of Service or Campaign
    • 10.2.1. Client may terminate the Service at any time by deleting its user account, thus ending its access to the Service.
    • 10.2.2. AIKE may, at its sole discretion and without any obligation to give cause, terminate Client's access to Service for convenience giving 30 days' notice.
    • 10.2.3. AIKE may terminate any Campaign and/or the Client's access to the Service with immediate effect if the Client breaches the Terms, breaches the terms and conditions for a Campaign, or becomes subject to bankruptcy, liquidation, corporate re-organization, or composition proceedings, or has suspended payments or is (or is reasonably expected to become) deemed to be insolvent.
    • 10.2.4. Terminations made in accordance with this section 11.2 will not give rise to any liability towards the other party.
  • Consequences of termination
    • 10.3.1. The termination of the Service means that each party's future rights and obligations will terminate unless otherwise stated herein. The termination does not affect any rights and obligations that have derived prior to termination.
    • 10.3.2. In the event of termination of the Service the Parties rights and obligations pertaining to Services under an on-going Campaign will continue to apply until completion or termination of that Campaign.

11. INTELLECTUAL PROPERTY RIGHTS

  • All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Service are reserved by AIKE or third parties.
  • Nothing in the Terms grant you a right or license to use any trademark, copyright or other intellectual property right owned or controlled by us or a third party, unless explicitly granted herein.

12. CONFIDENTIALITY

  • Each Party agrees not to disclose information about the other Party and/or its activities which may be deemed to be of confidential nature without the prior written permission from such Party.
  • It is expressly understood that Client must not use information made available in the Service, such as Influencers and their personal data, for any other purpose than as provided for under the Service. Consequently, Client must keep confidential such information and undertake not share or divulge it to any third party.

13. MISCELLANEOUS

  • Force Majeure
    • 13.1.1. Where AIKE is prevented from fulfilling its obligations pursuant to the Terms due to circumstances which are beyond AIKE's reasonable control such as acts of any governmental body, war, insurrection, sabotage, embargo, widespread epidemic, fire, flood, extreme weather conditions, strike or other labour disturbance, interruption of or delay in transportation or communications, unavailability, interruption of, or delay in telecommunications or third party services (including DNS propagation), or failure of third party software or hardware, and errors or delays in services from sub-contractors due to circumstances as stated herein, such circumstances shall constitute an excuse which occasions a postponement of the time for performance and a release from liability in damages and any other penalties.
  • Assignment
    • 13.2.1. Client is not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from AIKE.
    • 13.2.2. AIKE may, without prior obtaining of Client's approval, assign the Terms to another company in the same company group as AIKE, or a third party in connection with a transfer of all or substantially all of AIKE's assets.
  • Severability and survival
    • 13.3.1. If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected.
    • 13.3.2. It is expressly understood that all provisions regarding limitations of liability and indemnities will remain in full force and effect and will survive the termination of the Service, regardless of cause.
  • Waivers
    • Failure or delay by AIKE in exercising any right or remedy under the Terms will not constitute a waiver of such (or any other) right or remedy.
  • Entire agreement
    • The Terms constitute the entire agreement between Client and AIKE on all issues to which the Terms relate. However, if you have a separate agreement with us regarding the Service, the terms of such an agreement will have priority over these Terms in case of contradictions.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be construed in accordance with and be governed by the substantive laws of Sweden.

  • Dispute resolution
    • 14.1.1. Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination or invalidity thereof, will be finally settled by the public courts of Sweden, with Stockholm District Court as first instance.