For advertisers

DEFINITIONS

1. “Client” means a company or other legal entity using the Service.

2. “Campaign” means each specific marketing campaign where the Client collaborates with an Influencer using the Service.

3. “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 Collabs as specified in the applicable price list, as otherwise agreed separately in writing with Collabs, or 5,95 per cent of the fee to the Influencer for the relevant Campaign.

4. “Collabs” means Collabs AB, a company incorporated under the laws of Sweden with company reg. no. 559141-0062.

5. “Confidential Information” means any information about the other Party’s business that may be considered a business or professional secret.

6. “Content” means the marketing materials created by the Influencer under a Campaign for a Client.

7. “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.

8. “Party” and “Parties” means Collabs and Client.

9. “Service” means the service platform named Collabs, provided by Collabs with the purpose to facilitate the connection and interaction between Clients and Influencers for marketing purposes, currently provided at app.collabs.app.

10. “Terms” means these general terms and conditions in their latest version.

11. “we”, “us” and “our” refers to Collabs.

1. ACCEPTANCE OF THE TERMS

1. 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 Collabs, and Client agrees to strictly adhere to the Terms and to be legally bound to the Terms in relation to Collabs.

2. 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.

3. If you do not agree to the Terms, or any updated version of it, you may not use the Service.

4. You can access the latest version of these Terms at any time in the Service and on the website www.collabs.se.

2. USER ACCOUNT

1. To get access to the Service, you need to create an account for 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.

2. 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.

3. Collabs 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

1. Collabs will make available the Service to Client via the Collabs’ website and any web-based services, applications and other software or interfaces that Collabs may provide.

2. 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.

3. 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.

4. Collabs 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

1. 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.

2. 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.

3. 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.

4. Client acknowledges and agrees that Collabs, and any third party Collabs 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.

5. 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. COLLAB’S UNDERTAKINGS

1. Collabs will provide the Service “as is”. While Collabs will always strive to provide continued availability and superior quality of the Service, Collabs 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. Collabs will make commercially reasonable efforts to remedy such interruptions as soon as possible.

2. Collabs continuously modifies and upgrades the Service. To the extent reasonable possible, such adjustments will be made in a way that limits any disruptions.

3. Some products and services offered through the Services are offered by third parties. Collabs 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

1. Setting up a user account to gain access to the Service is free of charge.

2. 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.

3. In the event that a Campaign is not completed or Client retains an Influencer found using the Service directly without the involvement of Collabs, Collabs 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 Collabs in such an event will be a normal Campaign Fee for the campaign in question as set out in Collabs’ at the time applicable price list, less 90 percent or SEK 100,000, whichever higher.

4. 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

1. Launching a Campaign and delivery of Content

1. 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.

2. Influencer will submit the Content under a Campaign for Client’s approval. Client undertakes not to unreasonably withhold or delay such approval.

3. Collabs 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.

2. Payment of Campaign Fee

1. Client will pay the Campaign Fee to Collabs against invoice. The Campaign Fee is due within 30 days after Client’s approval of the Content.

2. Client acknowledges and confirms that the Campaign Fee is non-refundable upon Client’s approval of the Content.

3. In the event of a dispute between Client and Influencer, Collabs may at its own discretion transfer any claims of Collabs against Influencer to Client and any claims against Client to Influencer. Client hereby consents to such transfers.

3. Sending goods to Influencers

1. 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. Collabs assumes no responsibility or liability for such goods.

2. 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.

3. 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.

4. License grant to Collabs

Unless otherwise agreed, Client grants to Collabs 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.

1. License to Content

1. Unless otherwise set out in the terms for the Campaign, Collabs 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.

1. PRIVACY AND DATA PROTECTION

1. 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.

2. 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.

3. Collabs 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.

2. NO WARRANTY AND LIMITATION OF LIABILITY

1. No warranty

1. 10.1.1.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”. Collabs does not warrant that Influencer fulfils its obligations to publish approved Content.

2. 10.1.2.Collabs 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.

3. 10.1.3.Collabs does not guarantee Content, including the accuracy, completeness or usefulness thereof or any information provided in connection thereto.

4. 10.1.4.Collabs 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.

2. Limitation of Liability

1. 10.2.1.In no event will Collabs 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.

2. 10.2.2.Collabs’ total, cumulative and aggregate liability to Client arising out of the Service will be limited to direct damages and will not exceed EUR 500.

3. 10.2.3.Collabs hereby expressly excludes any and all liability to any third party.

3. TERM AND TERMINATION

1. Term and changes and amendments

1. 11.1.1.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.

2. 11.1.2.Collabs 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 9.2.1. If not so terminated, the Client will be bound by the changed and/or amended Terms.

2. Termination of Service or Campaign

1. 11.2.1.Client may terminate the Service at any time by deleting its user account, thus ending its access to the Service.

2. 11.2.2.Collabs may, at its sole discretion and without any obligation to give cause, terminate Client’s access to Service for convenience giving 30 days’ notice.

3. 11.2.3.Collabs may terminate any Campaign and/or the Client’s access to the Service with immediate effect if the Client,

1. breaches the Terms,

2. breaches the terms and conditions for a Campaign, or

3. 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.

4. 11.2.4.Terminations made in accordance with this section 9 will not give rise to any liability towards the other party.

3. Consequences of termination

1. 11.3.1.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.

2. 11.3.2.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.

4. INTELLECTUAL PROPERTY RIGHTS

1. All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Service are reserved by Collabs 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.

2. No rights to Content are granted or transferred to the Client under these Terms or use of the Service. Any such grants or transfers require a Campaign, in which case the terms and conditions for that Campaign will determine if and to what extent Client is entitled to Content.

5. CONFIDENTIALITY

1. 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.

2. 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.

6. MISCELLANEOUS

1. Force Majeure

1. 14.1.1.Where Collabs is prevented from fulfilling its obligations pursuant to the Terms due to circumstances which are beyond Collabs’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.

2. Assignment

1. 14.2.1.Client is not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from Collabs.

2. 14.2.2.Collabs may, without prior obtaining of Client’s approval, assign the Terms to another company in the same company group as Collabs, or a third party in connection with a transfer of all or substantially all of Collabs’s assets

3. Severability and survival

1. 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.

2. 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.

4. Waivers

Failure or delay by Collabs in exercising any right or remedy under the Terms will not constitute a waiver of such (or any other) right or remedy.

1. Entire agreement

The Terms constitute the entire agreement between Client and Collabs 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.

1. GOVERNING LAW AND DISPUTE RESOLUTION

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

1. Dispute resolution

1. 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 influencers

1. DEFINITIONS

1. “Affiliate Marketing Fee” means the fee payable by Collabs to Influencer as renumeration for the Influencer’s fulfilment of an affiliate marketing campaign.

2. “Client” means a company or other legal entity using the Service as a potential buyer of marketing services.

3. “Campaign” means each specific marketing campaign where the Influencer collaborates with a Client using the Service, except for affiliate marketing campaigns.

4. “Campaign Compensation” means the Influencer’s fee for each completed Campaign.

5. “Collabs” means Collabs AB, a company incorporated under the laws of Sweden with company reg. no. 559141-0062.

6. “Confidential Information” means any information about the other Party’s business that may be considered a business or professional secret.

7. “Content” means the marketing materials created by the Influencer under a Campaign for a Client.

8. “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.

9. “Party” and “Parties” means Collabs and the Influencer.

10. “Service” means the service platform named Collabs, provided by Collabs with the purpose to facilitate the connection and interaction between Clients and Influencers for marketing purposes, currently provided at app.collabs.app.

11. “Terms” means these general terms and conditions in their latest version.

12. “we”, “us” and “our” refers to Collabs.

13. “you” refers to the Influencer.

2. ACCEPTANCE OF THE TERMS

1. 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 Collabs, and Influencer agrees to strictly adhere to the Terms and to be legally bound to the Terms in relation to Collabs.

2. 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.

3. If you do not agree to the Terms, or any updated version of it, you may not use the Service.

4. You can access the latest version of these Terms at any time in the Service and on the website www.collabs.se.

3. USER ACCOUNT

1. 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.

2. 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.

3. Collabs 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.

4. THE SERVICE

1. Collabs will make available the Service to the Influencer via the Collabs’ website and any web-based services, applications and other software or interfaces that Collabs may provide.

2. You may be invited by Clients to take part in their Campaigns. The terms and conditions and details for each Campaign is set out in the Campaign description provided by the Client. It is voluntary for you to participate in a Campaign. The available spots for a specific Campaign may be limited, and invited Influencers will be able to join the Campaign on a first come – first served basis. If you as an Influencer accept an invitation and receive a spot in the Campaign, you undertake to participate in the specific Campaign.

3. During the Campaign, the Influencer undertakes to fulfil the specific tasks of the Campaign, as instructed by and in accordance with the Campaign description and these Terms, as well as any applicable guidelines and other instructions from us and/or the Client. All marketing must be performed by you in accordance with applicable law and regulation, the Terms and the Campaign description. The fulfilment shall be made through on your social media channels, unless otherwise set out in the Campaign description.

4. When you have performed and completed the tasks of a Campaign, your performance will be reviewed. If approved, you will be entitled to the remuneration specified in the Campaign description, as further described below in the section Campaign Compensation.

5. Collabs acts solely as a service provider and intermediary between the Influencer and the Client, providing the technical solution for the Service. We do not take part in any marketing nor decide the particulars relating to the Client’s marketing activities. Collabs provides the Service, including to share information and manage payments where applicable. All marketing is provided by Influencers through their digital channels.

5. INFLUENCER’S GENERAL UNDERTAKINGS

1. Influencer undertakes to use the Service in accordance with applicable law and regulation, and may not use the Service in any way that causes Collabs, a Client or any third party harm.

2. 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.

3. 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.

4. 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).

5. 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.

6. 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.

7. The Influencer acknowledges and agrees that Collabs, and any third party Collabs 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.

8. 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.

9. 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.

6. COLLAB’S UNDERTAKINGS

1. Collabs will provide the Service “as is”. While Collabs will always strive to provide continued availability and superior quality of the Service, Collabs does not guarantee any specific availability. Influencer is aware and agree that the Service may from time to time may contain minor bugs, interruptions and limited availability. Collabs will make commercially reasonable efforts to remedy such interruptions as soon as possible.

2. Collabs continuously modifies and upgrades the Service. To the extent reasonable possible, such adjustments will be made in a way that limits any disruptions.

3. Some products and services offered through the Services are offered by third parties. Collabs 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.

7. FEES AND CAMPAIGN COMPENSATION

1. Setting up a user account to gain access to the Service is free of charge.

2. 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.

3. Collabs will pay Affiliate Marketing Fee to Influencer when Collabs 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.

8. CAMPAIGNS

1. Participating in a Campaign and delivery of Content

1. Influencer will perform any and all Campaigns in accordance with the Campaign instructions, these Terms and applicable law and regulation.

2. Influencer will submit Content under a Campaign to Collabs for Client’s approval.

3. Collabs 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.

4. Influencer must not submit 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).

2. Payment of Campaign Fee

3. When Influencer has performed and completed a Campaign, the Content will be reviewed. If approved by Client, you will be entitled to the Campaign Compensation as specified in the Campaign description. Influencer will have no claim for Campaign Compensation unless or before the Client’s approves the Content.

1. Collabs will pay the Campaign Compensation to Collabs against invoice. The Campaign Compensation is due within 60 days after Collab’s receipt of the invoice. Collabs may offer faster payment subject to separate terms.

2. Influencer is solely responsible for any and all taxes and fees arising out of your use of the Service and you receiving remuneration in whatever form.

3. Influencer is required to hold a F-tax card for business income (Sw: F-skattsedel) or the equivalent as well as to be registered for VAT to be eligible to receive the Campaign Compensation.

4. In the event of a dispute between Client and Influencer, Collabs may transfer at its own discretion any claims of Collabs against Influencer to Client and any claims against Client to Influencer. Influencer hereby consents to such transfers.

4. Receipt of goods from Clients

1. If Influencer is set to receive goods from Client in connection with a Campaign, as remuneration for a or otherwise, Client is solely responsible for sending such goods to Influencer as well as the for the goods as such. Collabs assumes no responsibility or liability for such goods.

2. If Influencer has received goods from a Client 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. Upon request by Client, Influencer undertakes to promptly return such goods to the Client in accordance with Client’s instructions. If Influencer fails to comply with the request to return the goods within seven days from Client’s request, Influencer will pay to Client an amount equal to the market value of the goods sent.

3. Influencer is solely responsible for any legal requirements relating to its receipt of goods from a Client in the context of a Campaign, such as requirements relating to taxes, accounting, bribery restrictions, export controls and similar customs and foreign trade regulations. Influencer undertakes to take reasonable measures to comply with national or international foreign trade regulations, embargos or other sanctions.

5. License to Content to Collabs

Influencer grants to Collabs a worldwide, non-exclusive license free of charge to use, modify, commercially exploit and publish the Content under the Campaign for the purpose of enabling Client to carry out the Campaign in question and to provide the Service.

1. PRIVACY AND DATA PROTECTION

1. Information on Collabs processing of personal data relating to Influencer and other is available in Collab’s privacy policy.

2. 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.

3. 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.

4. Collabs 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.

2. WARRANTIES AND INDEMNIFICATION

1. Warranties and representations

1. 10.1.1.Influencer warrants and represents that no Content or fulfilment of any Campaign will infringe any third party’s intellectual property rights, and that all Content is free from third party dependencies and encumbrances and that Influencer is entitled to grant any and all licenses as granted hereunder to Collabs. Influencer further warrants and represents that no Content or the fulfilment of any Campaign will violate privacy rights, publicity rights, contract rights or any other rights of any person or company, and that the use of Content does not result in a breach of contract between you and a third party, and that the use of Content is free of charge (other than the Campaign Compensation).

2. 10.1.2.Influencer warrants and represents that it is a company or a sole trader and holds and maintains a valid F-tax card or other equivalent valid certificate for corporate tax in Influencer’s country of business.

3. 10.1.3.Collabs does not provide any warranty of any kind, express or implied for the Service including without limitation the availability of the Service and that Influencer’s use of the Service will be secure, uninterrupted, safe, error-free or that any defects in the Service will be corrected.

4. 10.1.4.Collabs make no representation or warranty of any kind relating to the availability, sustainability or credentials of any Client listed in the Service, nor the quality, reliability, impact or accuracy of any marketing or Campaign carried out by Client. Any participation in a Campaign is at Influencer’s own risk.

2. Indemnification

1. 10.2.1.Influencer agrees to indemnify Collabs and keep it indemnified at all times against all or any costs, claims, damages or expenses incurred by Collabs, or for which Collabs may become liable, with respect to any breach of the warranties and representations set out in section 10.1.

2. 10.2.2.Collabs may at its option satisfy such indemnity (in whole or in part) by way of deduction from any payments due to Influencer.

3. 10.2.3.Collabs’ total, cumulative and aggregate liability to Influencer arising out of the Service will be limited to direct damages and will not exceed EUR 500.

4. 10.2.4.Collabs hereby expressly excludes any and all liability to any third party.

3. TERM AND TERMINATION

1. Term and changes and amendments

1. 11.1.1.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.

2. 11.1.2.Collabs 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.

2. Termination of Service or Campaign

1. 11.2.1.Influencer may terminate the Service at any time by deleting its user account, thus ending its access to the Service.

2. 11.2.2.Collabs may, at its sole discretion and without any obligation to give cause, terminate Influencer’s access to Service for convenience giving 30 days’ notice.

3. 11.2.3.Collabs may terminate any Campaign and/or the Influencer’s access to the Service with immediate effect if Influencer,

1. breaches the Terms,

2. breaches the terms and conditions for a Campaign, or

3. 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.

4. 11.2.4.Terminations made in accordance with this section 11.2 will not give rise to any liability towards the other Party.

3. Consequences of termination

1. 11.3.1.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.

2. 11.3.2.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.

4. INDEPENDENT CONTRACTORS

1. The relationship between Collabs 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.

2. Influencer must pay statutory taxes, fees and other charges as an independent business.

3. 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 Collabs 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 Collabs for all such costs that may incur as a result thereof.

5. INTELLECTUAL PROPERTY RIGHTS

1. All copyrights, trademarks and other intellectual property rights (registered and unregistered) in and to the Service are reserved by Collabs 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 Collabs or a third party, unless explicitly granted herein.

6. CONFIDENTIALITY

1. 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.

2. 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.

7. MISCELLANEOUS

1. Force Majeure

1. 15.1.1.Where Collabs is prevented from fulfilling its obligations pursuant to the Terms due to circumstances which are beyond Collabs’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.

2. Assignment

1. 15.2.1.Influencer is not entitled to transfer or assign any rights or obligations under the Terms without prior written consent from Collabs.

2. 15.2.2.Collabs may, without prior obtaining of Influencer’s approval, assign the Terms to another company in the same company group as Collabs, or a third party in connection with a transfer of all or substantially all of Collabs’s assets

3. Severability and survival

1. 15.3.1.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.

2. 15.3.2.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.

4. Waivers

Failure or delay by Collabs in exercising any right or remedy under the Terms will not constitute a waiver of such (or any other) right or remedy.

1. Entire agreement

The Terms constitute the entire agreement between Influencer and Collabs on all issues to which the Terms relate. However, if Influencer has a separate agreement with Collabs regarding the Service, the terms of such an agreement will have priority over these Terms in case of contradictions.

1. GOVERNING LAW AND DISPUTE RESOLUTION

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

1. Dispute resolution

1. 16.2.1.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.

These Terms constitute an agreement between you as an Influencer and Collabs. Collabs provides a service named Collabs 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.